SUMMARY--Authorizes city attorney and district attorney to defend person in certain actions commenced in court located outside county in which they hold office. (BDR 1-851)
FISCAL NOTE: Effect on Local Government: No.
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 attorneys; authorizing a city attorney and a district attorney to defend a person in certain actions commenced in a court located outside the county in which they hold office; 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 NRS 7.105 is hereby amended to read as follows:
7.105 1. Except as otherwise provided in subsection [2] 3 and NRS 7.065:
(a) The attorney general and [every city attorney, district attorney and the] his deputies and assistants , [of each,] hired or elected to prosecute persons charged with the violation of any ordinance or [any] law of this state; and
(b) The legislative counsel and every attorney employed in the legislative counsel bureau, without the consent of the legislative commission,
shall not, during their terms of office or during the time they are so employed, in [any] a court of this state, accept an appointment to defend, agree to defend or undertake the defense of [any] a person charged with the violation of [any] an ordinance or [any] law of this state.
2. Except as otherwise provided in subsection 3 and NRS 7.065, a city attorney, district attorney and the deputies and assistants of each, shall not, during their terms of office or during the time they are so employed, in a court of this state which is located within the county where they hold office or are so employed, accept an appointment to defend, agree to defend or undertake the defense of a person charged with the violation of an ordinance or law of this state.
3. An attorney who has been appointed to prosecute a person for a limited duration with limited jurisdiction may accept an appointment or otherwise engage in private employment to defend [any other] another person charged with the violation of [any] an ordinance or [any] law of this state, unless providing the defense would result in a direct, legal or ethical conflict of interests with his appointment to prosecute.
Sec. 2 NRS 252.120 is hereby amended to read as follows:
252.120 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 [,] within his county begun or prosecuted during his term; nor in any civil action within his county begun or prosecuted during his term, [in] on behalf of any person suing or sued by the state or any county thereof.
2. This section [shall apply] applies with equal effect to any and all partners of district attorneys.
3. A [violation of] person who violates this section shall be punished by a fine of not more than $1,000.
Sec. 3 This act becomes effective upon passage and approval.