Nev. Admin. Code § 180.Sec. 6 - NEW
"Indigency" means the inability of a defendant, without causing the defendant or any of his or her dependents to have substantial hardship, to obtain competent, qualified legal counsel on his or her own. As used in this section, a defendant is presumed to have substantial hardship if:
1. The defendant:
(a) Receives public assistance, as that term
is defined in
NRS
422A.065;
(b) Resides in public housing, as that term
is defined in
NRS
315.021;
(c) Has a household income that is less than
200 percent of the federally designated level signifying poverty;
(d) Is serving a sentence in a correctional
institution; or
(e) Is housed in a
mental health facility; or
2. Despite not meeting any of the
requirements set forth in subsection 1, because of his or her particular
circumstances, including, without limitation, the seriousness of the charges
being faced, monthly expenses and local rates for private counsel, it is
determined, after a more rigorous screening process, that substantial hardship
would result if the defendant were to seek to retain private counsel.
Notes
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