Nev. Admin. Code § 180.Sec. 40 - NEW

1. The terms of any contract between a county and an attorney who provides indigent defense services as an independent contractor in any court within a county must avoid any actual or apparent financial disincentives to the obligation of the attorney to provide clients with competent legal services. Such a contract must include, without limitation, the following:

(a) The identification of the contracting authority and each attorney subject to the contract.

(b) The terms of the contract, including, without limitation, the duration of the contract, any provision for renewal and any provision for terminating the contract by a party.

(c) The category of cases in which each attorney subject to the contract is to provide services.

(d) The minimum qualifications for each attorney subject to the contract, which must be equal to or exceed the qualifications required by this chapter, and a requirement that each attorney maintain the applicable qualifications during the entire term of the contract. If a contract covers services provided by more than one attorney, the qualifications may be graduated according to the seriousness of offense, and each attorney must be required to maintain only those qualifications established for the offense levels for which the attorney is approved to provide indigent defense services.

(e) The identification of each attorney who will provide legal representation in each category of case covered by the contract, including, without limitation, any attorney providing such representation as a subcontractor, and a provision that ensures consistency in representation in accordance with section 26 of LCB File No. R042-20.

(f) A provision establishing the maximum workload that each attorney may be required to handle pursuant to the contract based upon the applicable guidelines established by the Board pursuant to section 42 of LCB File No. R042-20, as amended by section 11, and a provision requiring the reporting of indigent defense data in accordance with sections 43 and 44 of LCB File No. R042-20.

(g) In accordance with section 27 of LCB File No. R042-20, as amended by section 4, a requirement that each attorney provide legal representation to all clients in a professional, skilled manner consistent with all applicable laws, regulations and rules of professional conduct and the Nevada Indigent Defense Standards of Performance set forth in ADKT No. 411 of the Nevada Supreme Court.

(h) The statement of a policy that ensures that an attorney does not provide representation to a defendant when doing so would involve a conflict of interest.

(i) A provision regarding how investigative services, expert witnesses and other case-related expenses that are reasonably necessary to provide competent representation will be made in accordance with all applicable laws and regulations.

(j) A provision requiring compensation to be provided at a reasonable hourly rate that is comparable to the hourly rate provided to local prosecutors with similar experience and that is determined after taking into consideration comparable workload, overhead costs, expenses and costs relating to significant attorney travel.

2. Every contract for the provision of indigent defense services, including, without limitation, any subcontract, must be approved by the Department before the contract is executed.

Notes

Nev. Admin. Code § 180.Sec. 40

Added to NAC by R042-20A, eff. 10/25/2021; A by R033-23A, eff. 12/15/2023

NRS 180.320