NAC: CHAPTER 180 - INDIGENT DEFENSE SERVICES

[Rev. 6/26/2026 10:16:40 AM]

CHAPTER 180 - INDIGENT DEFENSE SERVICES

[NAC-180 Revised Date: 6-26]

GENERAL PROVISIONS

180.010 Definitions.

180.020 “Attorney” defined.

180.030 “Case” defined.

180.040 “Expert witness” defined.

180.050 “Indigency” defined.

180.060 “Investigator” defined.

180.070 “Plan for the provision of indigent defense services” or “plan” defined.

180.090 Applicability.

ADMINISTRATION

180.100 Monitoring and assessment of compliance with requirements.

PETITION FOR ACTION ON REGULATION; DECLARATORY ORDER; ADVISORY OPINION

180.200 Petition for action on regulation: Filing; contents.

180.210 Petition for action on regulation: Review; notice of decision.

180.220 Petition for declaratory order or advisory opinion: Authorization; filing; contents.

180.230 Petition for declaratory order or advisory opinion: Action by Executive Director or deputy director; notice and record of order or opinion.

180.240 Request to review decision of deputy director; contents; filing.

180.250 Advisory opinion: Oral response prohibited.

PLAN FOR PROVISION OF INDIGENT DEFENSE SERVICES

180.300 General contents regarding processes for providing services; initial plan; notification of Department of request for assistance in developing plan; required consultation; joint plan; submission of subsequent plans; plans deemed compliant.

180.310 Contents: Promotion of integrity of attorney-client relationship.

180.320 Contents: Process for hiring attorneys who serve as county public defenders or chief county public defenders or who are independent contractors and panels of appointed attorneys and for selection and assignment of additional or alternate attorney.

180.330 Contents: Process of screening for indigency; prompt appointment of counsel; first and second tiers of representation; process for assigning or determining presence of attorney at pretrial release hearings, initial appearances and arraignments; requirement for preparation by attorney to address release conditions.

180.340 Contents: Process for payment of counsel selected after disqualification of public defender.

180.350 Contents: Provision of resources and accommodations for private discussions between attorney and client.

180.360 Contents: Resources for attorney to conduct independent investigation and request assistance of experts; recommended provision for payment of trial-related expenses.

180.370 Contents: Consistency in representation.

180.380 Contents: Provision of representation in professional, skilled manner; requirements regarding certain advice to and meetings with clients; provision of client survey to client at conclusion of representation in a county whose population is less than 100,000.

180.390 Contents: Caseload reporting by providers of services in a county whose population is less than 100,000.

180.400 Contents: Time reporting by attorneys who provide services in a county whose population is less than 100,000.

180.410 Contents: Details regarding compliance with guidelines for maximum workloads for attorneys.

REQUIREMENTS FOR QUALIFICATIONS OF AND CONTINUING EDUCATION FOR ATTORNEYS IN A COUNTY WHOSE POPULATION IS LESS THAN 100,000

180.500 “CLE” defined.

180.540 Applicability.

180.550 Application; determination by Department of areas of qualification; roster of qualified attorneys; request for reconsideration of determination; effect of noncompliance with qualification requirements; exception.

180.560 Qualifications to represent person charged with misdemeanor.

180.570 Qualifications to represent person charged with category B felony for which maximum penalty is 10 years or less, category C, D or E felony or gross misdemeanor.

180.580 Qualifications to represent person charged with non-capital category A felony or category B felony for which the maximum penalty is more than 10 years.

180.590 Qualifications to represent person charged with or convicted of category A felony in which death penalty is or may be sought or has been imposed.

180.600 Qualifications to represent person in direct appeal of non-capital felony.

180.610 Qualifications to represent certain juveniles.

180.620 Additional knowledge and technology requirements; continuing legal education requirements; notification to Department or designee of acceptance of employment as prosecuting attorney or judge or of sanction.

COMPENSATION OF ATTORNEYS; CONTRACTS

180.700 Compensation of attorney who receives salary.

180.710 Hourly compensation rate for certain attorneys; authority for increase of rate.

180.720 Prompt compensation of attorney selected after disqualification of public defender required; compensation for activities outside of court appearances required for such attorneys.

180.730 Terms of contract between county and attorney who provides services as independent contractor; approval of contract for provision of services by Department.

180.740 Requirements for contract for provision of services regarding certain advice to and meetings with clients.

MISCELLANEOUS PROVISIONS

180.800 Workload: Requirements; restrictions.

180.810 Caseload and time reporting: Requirement for providers of services in a county whose population is less than 100,000 to use data collection and case management system provided by Department.

GENERAL PROVISIONS

NAC 180.010 Definitions. (NRS 180.320) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 180.020 to 180.070, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.020 “Attorney” defined. (NRS 180.320) “Attorney” means an attorney who provides indigent defense services.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.030 “Case” defined. (NRS 180.320) “Case” means:

1. A single adult defendant on a single charging document, regardless of the number of counts alleged, in a felony, gross misdemeanor or misdemeanor matter; or

2. A single juvenile defendant on a single petition, regardless of the number of counts alleged, in a matter concerning a child who is alleged to be delinquent or in need of supervision pursuant to title 5 of NRS.

Ê For a case in which multiple charges are involved, the case is classified by the highest offense charged at the time counsel is appointed.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.040 “Expert witness” defined. (NRS 180.320) “Expert witness” means a person who is qualified by knowledge, skill, experience, training or education to render an opinion on scientific, technical or other specialized matters.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.050 “Indigency” defined. (NRS 180.320) “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;

(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.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.060 “Investigator” defined. (NRS 180.320) “Investigator” means a person who is qualified to secure evidence and subpoena witnesses to be used in the preparation and trial of criminal cases and who is:

1. Licensed by the Private Investigator’s Licensing Board;

2. An employee of a person who is licensed by the Private Investigator’s Licensing Board; or

3. An employee of an attorney or an office of public defender.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.070 “Plan for the provision of indigent defense services” or “plan” defined. (NRS 180.320) “Plan for the provision of indigent defense services” or “plan” means the processes established by a county for the provision of indigent defense services and the estimated cost to carry out the provision of indigent defense services in accordance with this chapter and any other applicable laws.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.090 Applicability. (NRS 180.320) The provisions of this chapter and chapter 180 of NRS govern the provision of indigent defense services.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

ADMINISTRATION

NAC 180.100 Monitoring and assessment of compliance with requirements. (NRS 180.320) The Department shall monitor and regularly assess whether counties and attorneys meet the requirements set forth in this chapter and whether indigent defense services are being provided in a constitutional manner. In conducting an assessment, the Department may obtain information from a variety of sources, including, without limitation:

1. Client feedback;

2. Client surveys;

3. Other providers of indigent defense services;

4. Office staff;

5. Judicial personnel;

6. Observations of a deputy director of the Department;

7. Data provided to the Department pertaining to attorney workload;

8. Contracts for the provision of indigent defense services;

9. Financial information pertaining to the provision of indigent defense services; and

10. Information obtained through the procedure for receiving complaints and recommendations concerning the provision of indigent defense services established by the Board pursuant to paragraph (b) of subsection 2 of NRS 180.320.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

PETITION FOR ACTION ON REGULATION; DECLARATORY ORDER; ADVISORY OPINION

NAC 180.200 Petition for action on regulation: Filing; contents. (NRS 180.320)

1. An interested person who wishes to petition the Board for the adoption, filing, amendment or repeal of a regulation of the Board must file with the Department the original and one copy of the petition.

2. The petition must include:

(a) The name and address of the petitioner;

(b) A clear and concise statement of the regulation to be adopted, filed, amended or repealed;

(d) The statutory authority for the adoption, filing, amendment or repeal of the regulation; and

(e) The name of the Board.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.210 Petition for action on regulation: Review; notice of decision. (NRS 180.320)

1. The Board may refuse to review a petition which requests the adoption, filing, amendment or repeal of a regulation if the requirements set forth in NAC 180.200 are not met.

2. The Board may require the Department to review a petition filed pursuant to NAC 180.200.

3. The Department shall notify the petitioner in writing of the decision of the Board or Department, as applicable, not later than 90 days after a petition is filed.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.220 Petition for declaratory order or advisory opinion: Authorization; filing; contents. (NRS 180.320)

1. Except as otherwise provided in subsection 4, an interested person may petition the Executive Director to issue a declaratory order or advisory opinion concerning the applicability of a statute, regulation or decision of the Department.

2. The original and one copy of the petition must be filed with:

(a) The deputy director selected by the Executive Director pursuant to NRS 180.420 who is authorized to administer or enforce the statute or regulation or to issue the decision; or

(b) The Executive Director, if the statute, regulation or decision is administered or enforced by the Executive Director.

3. The petition must include:

(a) The name and address of the petitioner;

(b) The reason for requesting the declaratory order or advisory opinion;

(d) A clear and concise statement of the question to be decided by the Executive Director or deputy director and the relief sought by the petitioner.

4. An interested person may not file a petition for a declaratory order or an advisory opinion concerning a question or matter that is an issue in an administrative, civil or criminal proceeding in which the interested person is a party.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.230 Petition for declaratory order or advisory opinion: Action by Executive Director or deputy director; notice and record of order or opinion. (NRS 180.320)

1. The Executive Director may refuse to review a petition filed pursuant to NAC 180.220 that requests the issuance of a declaratory order or advisory opinion if the requirements set forth in that section are not met.

2. The Executive Director may, or may designate a deputy director, to:

(a) Conduct an informal hearing to determine issues of fact or hear arguments relating to a petition and enter reasonable orders that govern the conduct of such a hearing;

(b) Request a petitioner to provide additional information or arguments relating to a petition;

(c) Issue a declaratory order or an advisory opinion based upon the contents of a petition and any materials submitted with the petition;

(d) Consider relevant decisions that have been issued by the Department that apply or interpret the statute, regulation or decision in question; and

(e) Enter any reasonable order to assist his or her review of a petition.

3. The Executive Director or deputy director shall:

(a) Mail a copy of any declaratory order or advisory opinion that is issued to a petitioner not later than 90 days after whichever of the following events is the last to occur:

(1) The petition is filed;

(2) The petition is referred to the Executive Director for a decision;

(3) An informal hearing is conducted; or

(4) The Executive Director or deputy director receives any additional information or written arguments; and

(b) Maintain a record of each declaratory order and advisory opinion that is issued and index such records by subject matter.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.240 Request to review decision of deputy director; contents; filing. (NRS 180.320)

1. After receiving a declaratory order or advisory opinion from a deputy director concerning the applicability or interpretation of a statute, regulation or decision of the Department, the petitioner may request that the Executive Director review the decision.

2. A request made pursuant to subsection 1 must:

(a) Be in writing;

(b) Contain the information required by subsection 3 of NAC 180.220; and

(c) Be filed with the Executive Director not later than 30 days after the date the declaratory order or advisory opinion is issued.

3. The Executive Director shall review any request made pursuant to subsection 1 in accordance with the provisions of NAC 180.230.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.250 Advisory opinion: Oral response prohibited. (NRS 180.320) The Executive Director, a deputy director or any other staff member of the Department shall not render an oral response, including, without limitation, a response over the telephone, to a request for an advisory opinion. Any oral response is not a decision or an advisory opinion of the Department.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

PLAN FOR PROVISION OF INDIGENT DEFENSE SERVICES

NAC 180.300 General contents regarding processes for providing services; initial plan; notification of Department of request for assistance in developing plan; required consultation; joint plan; submission of subsequent plans; plans deemed compliant. (NRS 180.320, 180.430)

1. A plan for the provision of indigent defense services must include, without limitation, the processes for providing indigent defense services in a manner consistent with this chapter and any other applicable laws.

2. Each county shall provide its initial plan for the provision of indigent defense services to the Department not later than April 23, 2022, or on the next occurring May 1, as determined by the Department.

3. If a county elects to receive assistance from a deputy director of the Department in the development of its plan for the provision of indigent defense services pursuant to subsection 4 of NRS 180.430, the county must notify the Department at least 90 days before the plan is due.

4. For the purpose of assessing local needs, a county should consult with local providers of indigent defense services when formulating its plan for the provision of indigent defense services.

5. If a county joins with one or more other counties to establish one office of public defender to serve those counties in accordance with NRS 260.020, the joining counties may submit a single, joint plan for the provision of indigent defense services.

6. After a county provides its initial plan for the provision of indigent defense services, the county shall submit each subsequent plan in accordance with subsection 2 of NRS 260.070.

7. A plan for the provision of indigent defense services that is approved pursuant to ADKT No. 411 of the Nevada Supreme Court is deemed to satisfy the requirements of this section.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.310 Contents: Promotion of integrity of attorney-client relationship. (NRS 180.320) A plan for the provision of indigent defense services must be designed to promote the integrity of the relationship between an attorney and a client. The plan and any attorneys providing indigent defense services pursuant to the plan must be free from political and undue budgetary influence and be subject to judicial supervision only in the same manner and to the same extent as retained counsel or a prosecuting attorney.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.320 Contents: Process for hiring attorneys who serve as county public defenders or chief county public defenders or who are independent contractors and panels of appointed attorneys and for selection and assignment of additional or alternate attorney. (NRS 180.320)

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 NAC 180.310, 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 NAC 180.550; 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.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

NAC 180.330 Contents: Process of screening for indigency; prompt appointment of counsel; first and second tiers of representation; process for assigning or determining presence of attorney at pretrial release hearings, initial appearances and arraignments; requirement for preparation by attorney to address release conditions. (NRS 180.320)

1. A plan for the provision of indigent defense services must set forth the process of screening for indigency that is necessary for the judicial determination of eligibility for appointed counsel. The process of screening for indigency must:

(a) Occur prior to, or at the earlier of, the initial arraignment or appearance and not later than 48 hours after the arrest of the defendant; and

(b) Describe the person or agency responsible for the screening.

2. After such screening and upon a judge, justice of the peace, municipal judge or master finding that a defendant is eligible for appointed counsel in accordance with subsection 3 of NRS 171.188, the plan must provide for the prompt appointment of counsel. If a public defender is disqualified from providing representation, a plan must provide for the selection of another attorney in accordance with NRS 7.115 and 171.188.

3. Each plan for the provision of indigent defense services must provide for a first tier and second tier of indigent defense representation. If a county uses multiple attorneys who are independent contractors for first tier representation in lieu of an office of public defender, the plan must describe how the attorneys will be assigned to cases in the first tier. A first tier consisting of multiple independent attorneys or offices may constitute a first tier and second tier, as determined by the Department. If a plan provides that an office of public defender will provide first tier representation but the public defender is disqualified, a plan must describe the second tier and how attorneys in that tier are assigned cases. The distribution of cases within the first tier and second tier may be made on a rotational basis or in accordance with another method that ensures the fair distribution of cases. Unless an exception is requested from and granted by the Department, a county may not provide in its plan that it will rely upon the roster of attorneys compiled by the Department pursuant to NAC 180.550 to provide first tier and second tier representation.

4. A plan for the provision of indigent defense services must require that an attorney be present at pretrial release hearings, initial appearances and arraignments and be prepared to address appropriate release conditions in accordance with all relevant laws, rules of criminal procedure and caselaw and set forth the process for assigning or determining the attorney who will be present. A plan must provide that a timely initial appearance or arraignment must not be delayed pending a determination of the indigency of a defendant.

5. This section must not be construed to preclude a defendant from waiving the appointment of an attorney in accordance with subsection 1 of NRS 171.188.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

NAC 180.340 Contents: Process for payment of counsel selected after disqualification of public defender. (NRS 180.320) A plan for the provision of indigent defense services must include the process of the county for the payment of counsel selected pursuant to NRS 7.115.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

REVISER’S NOTE.

The provisions of this section were moved in codification from subsection 2 of NAC 180.720.

NAC 180.350 Contents: Provision of resources and accommodations for private discussions between attorney and client. (NRS 180.320) A plan must:

1. Seek to provide, through cooperation with local agencies, necessary resources and accommodations for private discussions between an attorney and a client in courthouses, jails, prisons, detention centers and other places where a client must confer with an attorney; and

2. Provide a description of such resources and accommodations.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.360 Contents: Resources for attorney to conduct independent investigation and request assistance of experts; recommended provision for payment of trial-related expenses. (NRS 180.320)

1. A plan for the provision of indigent defense services must ensure that an attorney has the resources to:

(a) Conduct an independent investigation of the charges filed against a client as promptly as practicable and, if appropriate, retain an investigator to assist with the defense of the client; and

(b) Request the assistance of experts when such assistance is reasonably necessary to prepare the defense of a client.

2. In accordance with paragraph (e) of subsection 2 of NRS 180.320, it is recommended that a plan provide for the payment of expenses related to trial, including, without limitation, expenses for expert witnesses and investigators, in the following manner:

(a) In a county whose population is less than 100,000:

(1) By excluding the judiciary from the payment of reasonably necessary investigative, expert or other case-related expenses for providers of indigent defense services.

(2) If the office of public defender is created pursuant to chapter 260 of NRS, by providing a budget for investigative, expert and other case-related expenses that is administered by the public defender.

(3) If indigent defense services are provided by independent contractors, by providing a budget for case-related expenses that is administered by the Department or its designee and that includes a mechanism for judicial review of any modified or denied requests.

(4) If the public defender has been disqualified, by providing a budget for case-related expenses that is administered by the Department or its designee and that includes a mechanism for judicial review. A budget provided pursuant to this subparagraph and subparagraph (3) may be the same budget.

(5) To ensure the prompt approval of frequent and necessary case-related expenses, by providing for the automatic approval of case-related expenses up to $2,500.

(b) In a county whose population is 100,000 or more, in accordance with the determination of the county.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.370 Contents: Consistency in representation. (NRS 180.320)

1. A plan for the provision of indigent defense services must ensure, to the greatest extent possible, consistency in the representation of indigent defendants so that the same attorney represents a defendant through every stage of the case without delegating the representation to others, except that administrative and other tasks which do not affect the rights of the defendant may be delegated.

2. The provisions of subsection 1 do not preclude a county from using a single attorney or rotation of attorneys to provide representation to an indigent defendant at an initial appearance or arraignment, but any such attorney should, to the extent possible, discuss only matters pertaining to the initial appearance or arraignment to avoid creating a conflict of interest.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.380 Contents: Provision of representation in professional, skilled manner; requirements regarding certain advice to and meetings with clients; provision of client survey to client at conclusion of representation in a county whose population is less than 100,000. (NRS 180.320)

1. A plan for the provision of indigent defense services must require that representation be provided in a professional, skilled manner consistent with all applicable laws, regulations and rules of professional conduct, the Nevada Indigent Defense Standards of Performance set forth in ADKT No. 411 of the Nevada Supreme Court and the American Bar Association’s Criminal Justice Standards for the Defense Function.

2. Any plan for the provision of indigent defense services must require the attorney representing the defendant to:

(a) Advise each client not to waive any substantive rights or plead guilty at the initial appearance unless doing otherwise is in the best interest of the client; and

(b) Make all reasonable efforts to meet with each client within the first 7 days following the assignment of the case and, unless there are no significant updates in the client’s case, every 30 days thereafter.

3. A plan for the provision of indigent defense services in a county whose population is less than 100,000 must ensure that any client surveys authorized by the Board are provided to a client at the conclusion of his or her representation by an attorney.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

NAC 180.390 Contents: Caseload reporting by providers of services in a county whose population is less than 100,000. (NRS 180.320)

1. In a county whose population is less than 100,000, a plan must require caseload reporting by providers of indigent defense services in the county. The plan must specify whether such reporting will be done by each attorney or collectively by an office of public defender. The plan must require such reporting to be made on an annual basis and include, without limitation, the total number of:

(a) Beginning pending cases;

(b) New appointments;

(d) Cases adjudicated, disposed or closed and the manner in which each case was adjudicated, disposed or closed, including, without limitation, pursuant to a plea, dismissal or verdict at trial;

(e) Warrant or placed on inactive status cases;

(f) Cases set for review;

(g) End pending cases;

(h) Motions to suppress:

(1) Filed; and

(2) Litigated; and

(i) Trials completed during the reporting period.

2. The cases included in a report required pursuant to subsection 1 must be further arranged by the following case type:

(a) Death penalty cases;

(b) Non-capital category A felonies and category B felonies for which the maximum penalty is more than 10 years;

(c) Category B felonies for which the maximum penalty is 10 years or less, category C, D and E felonies, and gross misdemeanors;

(d) Misdemeanor cases involving driving under the influence of alcohol or a prohibited substance and misdemeanor cases involving allegations of domestic violence;

(e) Other misdemeanor cases, including, without limitation, misdemeanor direct appeals;

(f) Probation and parole violations;

(g) Direct appeals of capital convictions;

(h) Direct appeals of non-capital felony and gross misdemeanor convictions;

(i) Juvenile cases, including, without limitation, cases involving a child who is alleged to be delinquent or in need of supervision, and appeals;

(j) Juvenile probation and parole violations; and

(k) Specialty court cases.

3. If an attorney who is an independent contractor or an office of public defender provides representation beyond those services set forth in NRS 180.004, the reporting required pursuant to subsection 1 must also include the total number of cases under:

(a) Chapter 128 of NRS for which representation was provided;

(b) Chapter 159 of NRS for which representation was provided;

(d) Chapter 433A of NRS for which representation was provided.

4. As used in this section:

(a) “Adjudicated, disposed or closed” means a case in which an original entry of final adjudication has been entered.

(b) “Beginning pending” means a case which, at the start of the reporting period, is awaiting disposition.

(d) “Final adjudication” means an entry of judgment or adjudication, an order of dismissal or the end of the appointment of an attorney regardless of adjudicatory status.

(e) “Juvenile case” means a matter involving an allegation of a juvenile in need of supervision or an act committed by a juvenile which, if committed by an adult, would result in criminal prosecution and over which a juvenile court has statutory original or concurrent jurisdiction.

(f) “New appointment” means a case in which a defendant has been assigned counsel for the first time.

(g) “Returned from warrant or reactivated” means a case that is reopened because a defendant has been arrested on a warrant for failure to appear and has appeared before the court or has returned from a diversion program or another similar event has occurred that reactivates a case.

(h) “Set for review” means a case that, after an initial entry of judgment during the reporting period, is awaiting regularly scheduled reviews involving a hearing before a judicial officer.

(i) “Warrant or placed on inactive status” means a case closed because a warrant for failure to appear has been issued, the defendant has been ordered to participate in a diversion program or another similar incident has occurred to make the case not active.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.400 Contents: Time reporting by attorneys who provide services in a county whose population is less than 100,000. (NRS 180.320)

1. Each county whose population is less than 100,000 shall include in its plan a requirement for time reporting by attorneys who provide indigent defense services. Such a report must be submitted on an annual basis and provide:

(a) The total number of hours an attorney spent providing indigent defense services in each case;

(b) The total number of hours that investigators worked on each case;

(d) The total number of hours that expert witnesses worked on each case; and

(e) The total number of hours an attorney spent on any private workload.

2. A plan must require that time entries be:

(a) Kept as close to contemporaneous as reasonably practicable to ensure the accuracy of time reporting and the ability of the Department to generate quarterly reports; and

(b) Recorded in increments of one-tenth of an hour.

3. As used in this section, “staff” means a paralegal, as that term is defined in the bylaws of the Paralegal Division of the State Bar of Nevada, or a similar employee.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.410 Contents: Details regarding compliance with guidelines for maximum workloads for attorneys. (NRS 180.320) A plan for the provision of indigent defense services must provide details regarding how the county will comply with any guidelines adopted by the Board which set forth the maximum workloads for attorneys providing indigent defense services.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

REVISER’S NOTE.

The provisions of this section were moved in codification from subsection 2 of NAC 180.800.

REQUIREMENTS FOR QUALIFICATIONS OF AND CONTINUING EDUCATION FOR ATTORNEYS IN A COUNTY WHOSE POPULATION IS LESS THAN 100,000

NAC 180.500 “CLE” defined. (NRS 180.320) As used in NAC 180.500 to 180.620, inclusive, unless the context otherwise requires, “CLE” means continuing legal education as discussed in Nevada Supreme Court Rules 205 to 215, inclusive.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.540 Applicability. (NRS 180.320) The provisions of NAC 180.500 to 180.620, inclusive, apply only to the provision of indigent defense services in counties whose population is less than 100,000.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.550 Application; determination by Department of areas of qualification; roster of qualified attorneys; request for reconsideration of determination; effect of noncompliance with qualification requirements; exception. (NRS 180.320)

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 services 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 services 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 to 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 NAC 180.320.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

NAC 180.560 Qualifications to represent person charged with misdemeanor. (NRS 180.320)

1. An attorney who seeks to provide indigent defense services to a person charged with a misdemeanor must:

(a) Be licensed to practice law in the State of Nevada; and

(b) Have sufficient training or experience to provide competent representation. For purposes of this paragraph, proof of completion of 6 hours of CLE related to indigent defense services, or full attendance at the annual conference of the Department, during the 12 months immediately preceding the provision of such indigent defense services constitutes sufficient training or experience to provide competent representation.

2. An attorney who is beginning to provide indigent defense services in misdemeanor matters is encouraged to consider seeking the participation of a supervising or more experienced attorney before undertaking representation in a jury trial involving a misdemeanor offense or a misdemeanor offense for which the penalty can be enhanced in accordance with, if applicable, the process set forth in the plan for the provision of indigent defense services.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

NAC 180.570 Qualifications to represent person charged with category B felony for which maximum penalty is 10 years or less, category C, D or E felony or gross misdemeanor. (NRS 180.320) An attorney who seeks to provide indigent defense services to a person charged with a category B felony for which the maximum penalty is 10 years or less, a category C, D or E felony or a gross misdemeanor must:

1. Meet the following requirements:

(a) Be licensed to practice law in the State of Nevada; and

(b) Have been trial counsel, alone or with other trial counsel, in two or more criminal bench or jury trials that were tried to completion; or

2. As determined by the Department, demonstrate experience and skills that are equivalent to the requirements set forth in subsection 1.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

NAC 180.580 Qualifications to represent person charged with non-capital category A felony or category B felony for which the maximum penalty is more than 10 years. (NRS 180.320) An attorney who seeks to provide indigent defense services to a person charged with a non-capital category A felony or a category B felony for which the maximum penalty is more than 10 years must:

1. Meet the following requirements:

(a) Be licensed to practice law in the State of Nevada;

(b) Have practiced criminal law for 3 full years, either as a prosecutor, provider of indigent defense services or retained counsel; and

(c) Have been trial counsel, alone or with other trial counsel, and handled a significant portion of three felony jury trials that were tried to completion; or

2. As determined by the Department, demonstrate experience and skills that are equivalent to the requirements set forth in subsection 1, have a significant record of quality representation in criminal trials and have the ability to handle complex felony matters.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.590 Qualifications to represent person charged with or convicted of category A felony in which death penalty is or may be sought or has been imposed. (NRS 180.320) An attorney who seeks to provide indigent defense services to a person charged with or convicted of a category A felony in which the death penalty is or may be sought or has been imposed must meet the criteria set forth in Nevada Supreme Court Rule 250.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.600 Qualifications to represent person in direct appeal of non-capital felony. (NRS 180.320) An attorney who seeks to represent a person in a direct appeal of a non-capital felony must:

1. Be licensed to practice law in the State of Nevada; and

2. Have sufficient training or experience to provide competent representation.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.610 Qualifications to represent certain juveniles. (NRS 180.320)

1. An attorney who seeks to represent a juvenile who is alleged to be delinquent or in need of supervision must:

(a) Be licensed to practice law in the State of Nevada.

(b) Have the knowledge and skills necessary to represent a child diligently and effectively.

(c) Be skilled in juvenile defense. For purposes of this paragraph, proof of completion of 2 hours of CLE related to juvenile defense services within the 12 months immediately preceding such representation constitutes sufficient skill in juvenile defense.

(d) Be familiar with:

(1) The department of juvenile justice services in the county and other relevant state and local programs;

(2) Issues concerning competency and child development;

(3) Issues concerning the interaction between an attorney and a client; and

(4) Issues concerning school-related conduct and zero-tolerance policies specific to juvenile representation.

(e) Be knowledgeable about adolescent development and the special status of youth in the legal system.

2. An attorney who seeks to represent a child in a certification proceeding pursuant to NRS 62B.390, additionally must have litigated at least two criminal jury trials or be assisted by other counsel with requisite experience. To obtain the assistance of other counsel with requisite experience, the attorney may submit a request pursuant to a plan for the selection and assignment of an additional attorney in accordance with subsection 4 of NAC 180.320.

3. As used in this section, “department of juvenile justice services” has the meaning ascribed to it in NRS 201.555.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

NAC 180.620 Additional knowledge and technology requirements; continuing legal education requirements; notification to Department or designee of acceptance of employment as prosecuting attorney or judge or of sanction. (NRS 180.320)

1. In addition to any other requirements provided by law or this chapter, an attorney must:

(a) Have reasonable knowledge of substantive Nevada and federal law, constitutional law, criminal law and criminal procedure, the rules of evidence, the rules of appellate procedure, ethical rules, local rules and practices and changes and developments in the law. As used in this paragraph, “reasonable knowledge” means knowledge possessed by an attorney who provides competent representation to a client in accordance with Rule 1.1 of the Nevada Rules of Professional Conduct;

(b) Have reasonable knowledge of the forensic and scientific issues that can arise in a criminal case and the legal issues concerning defenses to a crime and be reasonably able to litigate such issues effectively; and

(c) Be reasonably able to use the office technology that is commonly used in the legal community and the technology that is used within the applicable court system and thoroughly review materials that are provided in an electronic format.

2. An attorney shall:

(a) Complete, on an annual basis, a minimum of 5 hours of CLE courses related to indigent defense services and submit proof of compliance with such CLE requirements to the Department before January 1 of each year by submitting a copy of the annual transcript for the attorney from the Board of Continuing Legal Education of the State Bar of Nevada by mail or electronically, as provided on the website of the Department. Any CLE courses provided by the Department count toward satisfaction of the annual CLE requirement.

(b) Notify the Department or its designee and each county within which the attorney provides indigent defense services if the attorney accepts employment as a prosecuting attorney or judge or is sanctioned by a court or the State Bar of Nevada. An attorney shall provide such notification not later than 72 hours after he or she accepts such employment or is sanctioned.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

COMPENSATION OF ATTORNEYS; CONTRACTS

NAC 180.700 Compensation of attorney who receives salary. (NRS 180.320) An attorney who receives a salary for providing indigent defense services is entitled to receive a reasonable salary, benefits and resources that are in parity, subject to negotiated collective bargaining agreements if applicable, with the corresponding prosecutor’s office that appears adverse to the office of public defender in criminal proceedings.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.710 Hourly compensation rate for certain attorneys; authority for increase of rate. (NRS 180.320)

1. An attorney who provides indigent defense services is entitled to receive hourly compensation for court appearances and other time reasonably spent on indigent defense services or representation at a rate equal to the prevailing hourly compensation rate for attorneys appointed to the Criminal Justice Act (CJA) Panel at the time such services or representation is provided. The Executive Director may increase such an hourly rate for good cause and as deemed reasonable and necessary, including, without limitation, because of the complexity of a case or the scarcity of available qualified attorneys to provide indigent defense services.

2. As used in subsection 1, “attorney who provides indigent defense services” means:

(a) In a county whose population is less than 100,000, an attorney, other than a public defender, who is selected pursuant to NRS 7.115 to provide indigent defense services; or

(b) In all counties, an attorney who is appointed pursuant to NRS 34.750 to represent a petitioner who files a postconviction petition for habeas corpus.

(Added to NAC by Bd. on Indigent Defense Services by R033-23, eff. 12-15-2023)

NAC 180.720 Prompt compensation of attorney selected after disqualification of public defender required; compensation for activities outside of court appearances required for such attorneys. (NRS 180.320) If a public defender is disqualified from providing indigent defense services and another attorney is selected in accordance with NRS 7.115, the selected attorney must receive prompt compensation in accordance with NRS 7.125. Activities outside of court appearances, including, without limitation, directing investigations, negotiating or tactical planning, are to be considered equally important to effective representation and must be included in the compensation of the selected attorney.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

REVISER’S NOTE.

The provisions of subsection 2 were moved in codification to NAC 180.340.

NAC 180.730 Terms of contract between county and attorney who provides services as independent contractor; approval of contract for provision of services by Department. (NRS 180.320)

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.

(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 NAC 180.370.

(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 and a provision requiring the reporting of indigent defense services data in accordance with NAC 180.390 and 180.400.

(g) In accordance with NAC 180.380, 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.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

NAC 180.740 Requirements for contract for provision of services regarding certain advice to and meetings with clients. (NRS 180.320) Any contract for the provision of indigent defense services must require the attorney representing the defendant to:

1. Advise each client not to waive any substantive rights or plead guilty at the initial appearance unless doing otherwise is in the best interest of the client; and

2. Make all reasonable efforts to meet with each client within the first 7 days following the assignment of the case and, unless there are no significant updates in the client’s case, every 30 days thereafter.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

REVISER’S NOTE.

The provisions of this section were duplicated in codification from subsection 2 of NAC 180.380 to apply only to contracts.

MISCELLANEOUS PROVISIONS

NAC 180.800 Workload: Requirements; restrictions. (NRS 180.320) The workload of an attorney must allow the attorney to give each client the time and effort necessary to ensure effective representation. Any office, organization or attorney who provides indigent defense services shall not accept a workload that, by reason of its excessive size, interferes with the attorney’s competence, diligence or representation of clients under the Nevada Rules of Professional Conduct.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021; A by R033-23, 12-15-2023)

REVISER’S NOTE.

The provisions of subsection 2 were moved in codification to NAC 180.410.

NAC 180.810 Caseload and time reporting: Requirement for providers of services in a county whose population is less than 100,000 to use data collection and case management system provided by Department. (NRS 180.320) In a county whose population is less than 100,000, providers of indigent defense services shall use the data collection and case management system provided by the Department, at the expense of the State, for the purposes of the caseload and time reporting required by NAC 180.390 and 180.400.

(Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)