Amendment No. 744

Senate Amendment to Assembly Bill No. 648 (BDR 3-847)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 2, by deleting:

"2 and 3" and inserting:

"2, 3 and 4".

Amend the bill as a whole by deleting sections 2 and 3, renumbering sections 4 through 7 as sections 5 through 8 and adding new sections designated sections 2 through 4, following section 1, to read as follows:

"Sec. 2. The attorney general may provide for the defense, including, without limitation, the defense of cross-claims and counterclaims, of any present or former justice of the peace or municipal judge in any civil action brought against that person based on an alleged act or omission relating to his public duties or employment if:

1. The justice of the peace or municipal judge has requested representation by the official attorney of the political subdivision pursuant to NRS 41.0339;

2. The official attorney has:

(a) Failed to determine whether to tender the defense pursuant to NRS 41.03415, and an answer or other responsive pleading must be filed within 10 days;

(b) Determined not to tender the defense pursuant to NRS 41.03415; or

(c) Determined that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by the official attorney, but the official attorney has not:

(1) Employed special counsel pursuant to NRS 41.0344;

(2) Tendered the defense to an insurer who is authorized to defend the action pursuant to a contract of insurance, pursuant to NRS 41.0345; or

(3) Requested the attorney general to provide the defense pursuant to this section;

3. The justice of the peace or municipal judge submits a written request for defense to the attorney general and a copy of the request to the office of the court administrator, or the official attorney, after determining that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by the official attorney, submits a written request for defense to the attorney general and a copy of the request to the office of the court administrator; and

4. The attorney general determines that the act or omission on which the action is based appears to be within the course and scope of the public duty or employment of the justice of the peace or municipal judge and appears to have been performed or omitted in good faith.

Sec. 3. If the attorney general defends an action pursuant to section 2 of this act, the political subdivision that employed the justice of the peace or municipal judge at the time the act or omission on which the action is based occurred shall pay the cost of legal representation provided by the attorney general.

Sec. 4. 1. If a request for the defense of a justice of the peace or municipal judge is submitted to the attorney general pursuant to section 2 of this act, the attorney general shall determine as promptly as possible whether to tender the defense of the justice of the peace or municipal judge. Until the attorney general makes the determination, he shall take appropriate action to defend or otherwise protect the time of the justice of the peace or municipal judge to file a responsive pleading.

2. After determining whether to tender the defense of the justice of the peace or municipal judge, the attorney general shall, as promptly as possible, give written notice of the determination to the justice of the peace or municipal judge and the political subdivision that employed that person at the time the act or omission on which the action is based occurred.".

Amend sec. 4, page 2, by deleting lines 21 and 22 and inserting:

"41.0338 As used in NRS 41.0339 to 41.0349, inclusive, and sections 2, 3 and 4 of this act, "official attorney" means:".