Assembly Bill No. 41–Assemblyman Dini

Prefiled January 26, 2001

____________

Joint Sponsor: Senator Amodei

____________

Referred to Committee on Judiciary

SUMMARY—Authorizes city attorneys to defend person in criminal proceeding under certain circumstances. (BDR 1‑380)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

~

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 attorneys; authorizing city attorneys to defend a person in a criminal proceeding under certain circumstances; 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 7.105 is hereby amended to read as follows:

1-2 7.105 1. Except as otherwise provided in [subsection] subsections 2

1-3 and 3 and NRS 7.065:

1-4 (a) The attorney general and every city attorney, district attorney and

1-5 the deputies and assistants of each, hired or elected to prosecute persons

1-6 charged with the violation of any ordinance or any law of this state; and

1-7 (b) The legislative counsel and every attorney employed in the

1-8 legislative counsel bureau, without the consent of the legislative

1-9 commission,

1-10 shall not, during their terms of office or during the time they are so

1-11 employed, in any court of this state, accept an appointment to defend, agree

1-12 to defend or undertake the defense of any person charged with the violation

1-13 of any ordinance or any law of this state.

1-14 2. Except as otherwise provided by city charter, a city attorney and

1-15 his deputies and assistants may defend a person in a criminal proceeding

1-16 for compensation if:

1-17 (a) The criminal proceeding is held in a jurisdiction outside of the

1-18 jurisdiction where the attorney serves as a prosecutor;

2-1 (b) The attorney obtains the prior consent of the defendant; and

2-2 (c) The attorney obtains the prior consent of:

2-3 (1) If the attorney is a city attorney, the governing body of the city

2-4 for which he serves as city attorney; or

2-5 (2) If the attorney is a deputy or assistant of a city attorney, the city

2-6 attorney and the governing body of the city for which he serves as a

2-7 deputy or assistant city attorney.

2-8 3. An attorney who has been appointed to prosecute a person for a

2-9 limited duration with limited jurisdiction may accept an appointment or

2-10 otherwise engage in private employment to defend any other person

2-11 charged with the violation of any ordinance or any law of this state, unless

2-12 providing the defense would result in a direct, legal or ethical conflict of

2-13 interests with his appointment to prosecute.

2-14 Sec. 2. This act becomes effective upon passage and approval.

2-15 H