Nev. Admin. Code § 180.Sec. 22 - NEW
1. A plan for the provision of indigent
defense services must provide the process a county will use to hire attorneys
who serve as county public defenders or chief county public defenders or who
are independent contractors to provide indigent defense services and panels of
appointed attorneys. The process must be designed to provide notice of the
opportunity to apply and a reasonable opportunity for interested parties to
respond.
2. Consistent with the
provisions of section 21 of LCB File No. R042-20, the process used pursuant to
subsection 1 must exclude prosecuting and law enforcement officials. The
creation of a selection committee that utilizes stakeholders concerned with the
integrity of indigent defense services, which may include the Department, is
recommended. Judicial input in the hiring process may be considered but must
not be the sole basis for selection.
3. For the purposes of evaluating an
application, the process used pursuant to subsection 1 must require, without
limitation:
(a) In a county whose population
is less than 100,000, verification that the applicant is included on the roster
of attorneys who are eligible to provide indigent defense services that the
Department compiles pursuant to section 30 of LCB File No. R042-20, as amended
by section 5; and
(b) The
consideration of the following factors:
(1)
The experience and qualifications of the applicant;
(2) The past performance of the applicant in
representing defendants in criminal cases;
(3) The ability of the applicant to comply
with this chapter and the terms of a contract; and
(4) If the applicant is an independent
contractor, the cost of the service under the contract.
4. A plan for the provision of
indigent defense services must also provide the process a county will use to
select and assign, at the expense of the county, an additional or alternate
attorney to provide indigent defense services in a case if an attorney with
whom the county has contracted to provide indigent defense services, and who
would otherwise be assigned to the case pursuant to the plan, does not have
sufficient qualifications to provide indigent defense services because of the
complexity of the case.
Notes
NRS 180.320
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