Nev. Admin. Code § 180.Sec. 30 - NEW
1. To ensure that the ability, training and
experience of an attorney in a criminal matter matches the complexity of a
case, attorneys who provide indigent defense services, including, without
limitation, those who are employed by an office of public defender, must
demonstrate compliance with the standards and regulations of the Board
pertaining to training, education and qualifications by submitting an
application to the Department on a form approved by the Department. The
application must be submitted:
(a) By mail;
or
(b) Electronically, as provided
on the website of the Department.
2. The Department shall, not later than 30
days after receiving an application:
(a)
Review the application and determine the areas of indigent defense services in
which the attorney is qualified; and
(b) Provide written notice of the
determination of the Department to the attorney.
3. After an attorney submits an application
pursuant to this section, the attorney may continue practicing in the areas of
indigent defense for which the attorney is seeking the determination of the
Department until the attorney receives written notice of the
determination.
4. If the Department
determines that an attorney is qualified to provide indigent defense services,
the Department shall place the name of the attorney and his or her areas of
qualification on a roster of attorneys who are eligible to provide indigent
defense services that will be used by boards of county commissioners to select
the attorneys who will provide indigent defense services for a county. An
attorney may, at any time, seek qualification for different or other areas of
indigent defense by submitting another application pursuant to this section
that demonstrates the additional qualifications.
5. If an attorney disagrees with the
determination of the Department regarding the areas in which the attorney is
qualified to provide indigent defense services, the attorney may submit a
request for reconsideration to the Department not later than 30 days after
receiving the determination of the Department. The Board will review any
request for reconsideration that is submitted to the Department.
6. Except as otherwise provided in subsection
7, the failure of an attorney to submit an application before providing
indigent defense services for a county or municipality or to practice only
within the areas in which the attorney is qualified may result in the exclusion
or removal of the attorney, as applicable, from the roster of attorneys who are
eligible to provide indigent defense services established pursuant to
subsection 4.
7. If an attorney
with whom a county has contracted does not have the qualifications necessary to
handle the full range of cases required for the contract, the attorney must not
be assigned to any case that exceeds his or her level of qualification unless
an attorney who is qualified to handle the case is, at the expense of the
county, also assigned in the case to act as the first chair. The plan of a
county must set forth the procedure for selecting and assigning such an
additional attorney in accordance with subsection 4 of section 22 of LCB File
No. R042-20, as amended by section 2.
Notes
NRS 180.320
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.