Section 180.Sec. 22 - NEW1. 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.Nev. Admin. Code § 180.Sec. 22
Added to NAC by R042-20A, eff. 10/25/2021; A by R033-23A, eff. 12/15/2023