Section 180.Sec. 30 - NEW1. 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: (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.Nev. Admin. Code § 180.Sec. 30
Added to NAC by R042-20A, eff. 10/25/2021; A by R033-23A, eff. 12/15/2023