Senate Bill No. 456–Committee on Government Affairs

(On Behalf of Clark County)

March 17, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes certain changes concerning employment of deputies of public defender in certain counties. (BDR 20-1615)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public defenders; requiring the deputies of the public defender to be governed by the merit personnel system of the county in certain counties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 260.040 is hereby amended to read as follows:

1-2 260.040 1. The compensation of the public defender must be fixed

1-3 by the board of county commissioners. The public defender of any two or

1-4 more counties must be compensated and be permitted private civil practice

1-5 of the law as determined by the boards of county commissioners of those

1-6 counties, subject to the provisions of subsection 4 of this section and NRS

1-7 7.065.

1-8 2. The public defender may appoint as many deputies or assistant

1-9 attorneys, clerks, investigators, stenographers and other employees as he

1-10 considers necessary to enable him to carry out his responsibilities, with the

1-11 approval of the board of county commissioners. An assistant attorney must

1-12 be a qualified attorney licensed to practice in this state and may be placed

1-13 on a part-time or full-time basis.

1-14 3. The compensation of persons appointed under subsection 2 must be

1-15 fixed by the board of county commissioners of the county or counties so

1-16 served.

2-1 4. The public defender and his deputies and assistant attorneys in a

2-2 county whose population is less than 100,000 may engage in the private

2-3 practice of law. Except as otherwise provided in this subsection, in any

2-4 other county, the public defender and his deputies and assistant attorneys

2-5 shall not engage in the private practice of law except as otherwise provided

2-6 in NRS 7.065. An attorney appointed to defend a person for a limited

2-7 duration with limited jurisdiction may engage in private practice which

2-8 does not present a conflict with his appointment.

2-9 5. The board of county commissioners shall provide office space,

2-10 furniture, equipment and supplies for the use of the public defender suitable

2-11 for the conduct of the business of his office. However, the board of county

2-12 commissioners may provide for an allowance in place of facilities. Each of

2-13 those items is a charge against the county in which public defender services

2-14 are rendered. If the public defender serves more than one county, expenses

2-15 that are properly allocable to the business of more than one of those

2-16 counties must be prorated among the counties concerned.

2-17 6. In a county whose population is 400,000 or more, deputies are

2-18 governed by the merit personnel system of the county.

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