Assembly Bill No. 41–Assemblyman Dini

 

Joint Sponsor: Senator Amodei

 

CHAPTER..........

 

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:

 

   Section 1. NRS 7.105 is hereby amended to read as follows:

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

and 3 and NRS 7.065:

   (a) The attorney general and every city attorney, district attorney and

the 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 court of this state, accept an appointment to defend, agree

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

of any ordinance or any law of this state.

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

his deputies and assistants may defend a person in a criminal proceeding

with or without compensation if:

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

jurisdiction where the attorney serves as a prosecutor;

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

   (c) The attorney obtains the prior consent of:

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

for which he serves as city attorney; or

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

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

deputy or assistant city attorney.

   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 person

charged with the violation of any 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.  This act becomes effective upon passage and approval.

 

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