Section 180.Sec. 43 - NEW1. 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;(c) Cases returned from warrant or reactivated;(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;(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:(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;(c) Chapter 432B of NRS for which representation was provided; and(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.(c) "End pending" means a case which, at the end 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.Nev. Admin. Code § 180.Sec. 43
Added to NAC by R042-20A, eff. 10/25/2021