USA Statutes : nevada
Title : Title 20 - COUNTIES AND TOWNSHIPS: FORMATION, GOVERNMENT AND OFFICERS
Chapter : CHAPTER 252 - DISTRICT ATTORNEYS
No person shall be a candidate for or
be eligible to the office of district attorney unless he shall be:
1. A bona fide resident of the State of Nevada.
2. An attorney duly licensed and admitted to practice law in all
the courts of this state.
[Part 1:217:1909; A 1931, 9; 1931 NCL § 618]
1. District attorneys shall be elected by the qualified electors
of their respective counties.
2. District attorneys shall be chosen by the electors of their
respective counties at the general election in 1922, and at the general
election every 4 years thereafter, and shall enter upon the duties of
their offices on the first Monday of January subsequent to their election.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL §
4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL §
4773] + [Part 17:108:1866; A 1921, 96; NCL § 4781]
Unless a blanket fidelity bond is furnished by
the county, before entering upon the duties of his office, the district
attorney shall execute and file with the county clerk a bond to the
county, conditioned for the faithful performance of his duties, the
penalty of the bond to be fixed by the board of county commissioners.
[2:125:1865; B § 2936; BH § 2105; C § 2297; RL § 1594; NCL §
2072]—(NRS A 1979, 289)
1. In counties where, at the preceding general election, the total
votes cast for the office of Representative in the Congress of the United
States exceeded 2,500, district attorneys shall keep an office at the
county seat of their county, which must be kept open at least from 9 a.m.
to 12 m. and 1 p.m. to 5 p.m. on all days except Saturdays, Sundays and
nonjudicial days. Notwithstanding the provisions of this section, the
board of county commissioners of any county may, by an order regularly
made and entered in the record of its proceedings, extend the days and
hours during which the office of the district attorney must be kept open
for the transaction of public business. The board of county commissioners
may authorize the district attorney to rent, equip and operate, at public
expense, one or more branch offices in the county.
2. In counties in which the county seat is not the principal
center of population, the county commissioners may authorize the district
attorney to rent, equip and operate, at public expense, a branch office
at the county’s principal center of population. The branch office must be
kept open for the transaction of public business on the days and during
the hours specified in subsection 1, but the requirements thereof do not
apply to a district attorney when called away from the branch office by
official duties.
3. Any district attorney violating the provisions of subsection 1
or 2 is guilty of a misdemeanor. If any district attorney is absent from
his office, except:
(a) When called away from his office by official duties;
(b) When expressly permitted so to do by the board of county
commissioners or a majority of the members thereof in writing; or
(c) When he first makes provision to leave his office open for the
transaction of public business on the days and during the hours
prescribed in subsection 1 and in charge of a deputy qualified to act in
his absence,
Ê there must be withheld from his monthly salary that proportion thereof
as the number of days of the absence bears to the number of days of the
month in which the absence occurs. This amount must be withheld from the
salary of the district attorney for the next succeeding month by order of
the board of county commissioners; but no order in the premises may be
made without first giving him reasonable notice and an opportunity to
appear before the board and defend the charge against him.
4. Notwithstanding any other provision of this section, the
district attorney in each county having a population of 700 or less,
regardless of where he resides or where he keeps his office, shall:
(a) Attend all meetings, regular or special, of the board of county
commissioners.
(b) Spend the hours from 9 a.m. to 5 p.m. of not less than 1 day
each week at the county seat, and shall make himself available to the
county officers during those hours. The district attorney shall select
the day of the week for his attendance at the county seat and shall
thereafter spend that day each week at the county seat.
[1.5:178:1907; added 1955, 6; A 1955, 471] + [2:178:1907; A 1945,
340; 1955, 6]—(NRS A 1963, 382; 1967, 271, 540; 1975, 85; 1985, 258)
1. If the district attorney dies, resigns, is removed, disappears
or is permanently disabled from performing the duties of his office, the
board of county commissioners shall appoint an interim or permanent
replacement for the district attorney.
2. If the district attorney is temporarily disabled from
performing the duties of his office:
(a) The chief deputy district attorney shall perform the duties of
the district attorney while he is disabled. The chief deputy is entitled
to the chief deputy’s regular salary while engaged in the performance of
those duties.
(b) If there is no chief deputy, the board of county commissioners
shall appoint an interim replacement for the district attorney.
3. A person appointed as an interim or permanent replacement for
the district attorney pursuant to this section must be appointed at the
first regularly scheduled meeting of the board of county commissioners
following the event giving rise to the appointment. Any such event
occurring within the time provided by NRS 241.020 for notice of the meeting is an emergency
within the meaning of that section.
4. A person appointed as an interim replacement for the district
attorney pursuant to this section:
(a) Is entitled to receive the same salary as the district attorney.
(b) Shall:
(1) If he is appointed pursuant to subsection 1, serve for
not more than 60 days or until a permanent replacement is appointed,
whichever occurs first.
(2) If he is appointed pursuant to subsection 2, serve for
the duration of the disability of the district attorney or, if the
district attorney resigns or is removed from office, for not more than 60
days after the resignation or removal or until a permanent replacement is
appointed, whichever occurs first.
(c) May engage in the private practice of law for not more than 60
days after his appointment, to the extent permitted by NRS 245.0435
. The limitation of time provided by
this paragraph does not apply in any county of class 6, as classified in
the table of annual salaries contained in NRS 245.043 .
5. A person appointed as a permanent replacement for the district
attorney pursuant to this section serves the remainder of the unexpired
term.
[16:125:1865; B § 2950; BH § 2118; C § 2310; RL § 1607; NCL §
2085]—(NRS A 1991, 103; 1995, 2520)
1. All district attorneys may appoint deputies, who are authorized
to transact all official business relating to those duties of the office
set forth in NRS 252.080 and 252.090
to the same extent as their principals
and perform such other duties as the district attorney may from time to
time direct. The appointment of a deputy district attorney must not be
construed to confer upon that deputy policymaking authority for the
office of the district attorney or the county by which the deputy
district attorney is employed.
2. District attorneys are responsible on their official bonds for
all official malfeasance or nonfeasance of the deputies. Bonds for the
faithful performance of their official duties may be required of deputies
by district attorneys.
3. All appointments of deputies under the provisions of this
section must be in writing and must, together with the oath of office of
the deputies, be recorded in the office of the recorder of the county
within which the district attorney legally holds and exercises his
office. Revocations of those appointments must also be recorded as
provided in this section. From the time of the recording of the
appointments or revocations therein, persons shall be deemed to have
notice of the appointments or revocations.
4. Deputy district attorneys of counties whose population is less
than 100,000 may engage in the private practice of law. In any other
county, except as otherwise provided in NRS 7.065 and this subsection, deputy district attorneys
shall not engage in the private practice of law. An attorney appointed to
prosecute a person for a limited duration with limited jurisdiction may
engage in private practice which does not present a conflict with his
appointment.
5. Any district attorney may, subject to the approval of the board
of county commissioners, appoint such clerical, investigational and
operational staff as the execution of duties and the operation of his
office may require. The compensation of any person so appointed must be
fixed by the board of county commissioners.
6. In a county whose population is 400,000 or more, deputies are
governed by the merit personnel system of the county.
[Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL § 2848; NCL §
4848] + [2:101:1864; B § 3068; BH § 2280; C § 2452; RL § 2849; NCL §
4849] + [3:101:1864; B § 3069; BH § 2281; C § 2453; RL § 2850; NCL §
4850]—(NRS A 1961, 215; 1969, 1465; 1973, 678; 1979, 523; 1985, 260;
1989, 203; 1993, 2088, 2259, 2529; 1995, 675; 2001, 1745 ; 2005, 682 )
The district attorney in each
county shall be public prosecutor therein.
[3:125:1865; B § 2937; BH § 2106; C § 2298; RL § 1595; NCL § 2073]
The district attorney
shall:
1. Attend the district courts held in his county, for the
transaction of criminal business.
2. Attend Justice Courts in his county, when required by justices
of the peace, and conduct all prosecutions on behalf of the people for
public offenses.
[5:125:1865; B § 2939; BH § 2108; C § 2299; RL § 1596; NCL § 2074]
1. If the district attorney fails to attend any session of the
district court, or for any reason is disqualified from acting in any
matter coming before the court, the court may appoint some other person
to perform the duties of the district attorney, who is entitled to
receive the same compensation and expenses from the county as provided in
NRS 7.125 and 7.135 for an attorney who is appointed to represent
a person charged with a crime.
2. If the district attorney willfully neglects to attend any
session of the district court the amount so paid must be deducted by the
board of county commissioners from the salary allowed to the district
attorney.
[6:125:1865; A 1889, 73; 1907, 25; RL § 1597; NCL § 2075]—(NRS A
1975, 1156; 1987, 1303)
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 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.
[7:125:1865; A 1935, 19; 1956, 197]—(NRS A 1973, 216; 1979, 1640)
1. No district attorney or partner thereof shall appear within his
county as attorney in any criminal action, or directly or indirectly aid,
counsel or assist in the defense in any criminal action, begun or
prosecuted during his term; nor in any civil action begun or prosecuted
during his term, in behalf of any person suing or sued by the State or
any county thereof.
2. This section shall apply with equal effect to any and all
partners of district attorneys.
3. A violation of this section shall be punished by a fine of not
more than $1,000.
[1:75:1887; C § 2315; RL § 1610; NCL § 2086] + [2:75:1887; C §
2316; RL § 1611; NCL § 2087] + [3:75:1887; C § 2317; RL § 1612; NCL §
2088]—(NRS A 1959, 121; 1963, 385; 1967, 541)
When the district attorney receives money or property in his
official capacity, he shall deliver a receipt therefor to the person from
whom he receives it, and file a duplicate with the county auditor.
[8:125:1865; B § 2942; BH § 2111; C § 2302; RL § 1599; NCL § 2077]
Except as otherwise provided by an ordinance adopted pursuant to the
provisions of NRS 244.207 the district
attorney shall, on or before the 5th working day of each month, file in
the office of the county treasurer an account in writing, certified by
oath, of all money received by him in his official capacity during the
preceding month and shall, at the same time, pay that money to the county
treasurer.
[9:125:1865; B § 2943; BH § 2112; C § 2303; RL § 1600; NCL §
2078]—(NRS A 1959, 756; 1973, 1682; 1985, 1009)
For a failure to comply with the provisions of NRS
252.140 , the county treasurer shall
bring an action against the district attorney and his sureties for the
recovery of all moneys in his hands not accounted for, and for 20 percent
additional thereon.
[10:125:1865; B § 2944; BH § 2113; C § 2304; RL § 1601; NCL § 2079]
The
district attorney shall submit such reports to the Legislative Commission
as the regulations of the commission require.
(Added to NRS by 1977, 331)
1. Except as otherwise provided in this section, the district
attorney shall, without fees, give his legal opinion to any assessor,
collector, auditor or county treasurer, and to all other county, township
or district officers within his county, in any matter relating to the
duties of their respective offices.
2. The district attorney is not required to give his legal opinion
on any question regarding which he requests an opinion from the Attorney
General pursuant to NRS 375.0185 .
[11:125:1865; A 1887, 52; B § 2945; BH § 2114; C § 2305; RL § 1602;
NCL § 2080]—(NRS A 2005, 2059 )
The district attorney, when not in attendance on
the sittings of the district court as criminal prosecutor, shall attend
the sittings of the board of county commissioners, when engaged in
auditing accounts and claims brought against the county, and in all cases
oppose such accounts or claims as he may deem illegal or unjust, and
shall, at all times, give his advice when required to the members of the
board of county commissioners upon matters relating to their duties.
[13:125:1865; B § 2947; BH § 2116; C § 2307; RL § 1604; NCL § 2082]
No district attorney, except for his own services, shall be allowed to
present any claim, account or demand, for allowance, against his own
county, or in any way to advocate the relief asked on the claim or demand
made by another.
[14:125:1865; B § 2948; BH § 2117; C § 2308; RL § 1605; NCL § 2083]
The district attorney may be prosecuted for malfeasance in office, or
neglect of duty, and shall be punished for a gross misdemeanor and as
provided in NRS 197.230 .
[15:125:1865; B § 2949; BH § 2118; C § 2309; RL § 1606; NCL §
2084]—(NRS A 1959, 121; 1967, 542)
