Nevada Revised Statutes 260.010 – Creation of office by ordinance; restrictions on creation; appointment; term of office; cooperation of county commissioners with Board on Indigent Defense Services and Department of Indigent Defense Services
1. In counties whose population is 100,000 or more, the boards of county commissioners shall provide by ordinance for the office of public defender.
Terms Used In Nevada Revised Statutes 260.010
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- population: means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U. See Nevada Revised Statutes 0.050
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
2. Except as otherwise provided by subsection 4 and except if the county voluntarily transfers or has been required to transfer responsibility for the provision of indigent defense services to the State Public Defender pursuant to NRS 180.450, in counties whose population is less than 100,000, boards of county commissioners may in their respective counties provide by ordinance, at the beginning of a fiscal year, for the office of public defender.
3. Except as otherwise provided in subsection 4, if a board of county commissioners intends to provide by ordinance for the office of county public defender, the board shall notify the State Public Defender in writing on or before March 1 of any odd-numbered year and the office may not be created before July 1 of the same year in which the notice was given.
4. If the county contribution approved by the Legislature exceeds the estimate provided to the county on December 1 by more than 10 percent for either year of the biennium, the board of county commissioners may provide for the office of county public defender on July 1 of the next even-numbered year if the board notifies the State Public Defender on or before March 1 of the same year in which the office is to be created.
5. The office of public defender when created must be filled by appointment by the board of county commissioners.
6. The public defender serves at the pleasure of the board of county commissioners.
7. Each board of county commissioners shall cooperate with the Board on Indigent Defense Services created by NRS 180.300 and the Department of Indigent Defense Services created by NRS 180.400. The board of county commissioners shall:
(a) Ensure that data and information requested by the Board or Department is collected and maintained; and
(b) Provide such information and reports concerning the provision of indigent defense services as requested by the Board or the Department.
8. As used in this section, ‘indigent defense services’ has the meaning ascribed to it in NRS 180.004.