Nevada Revised Statutes 7.115 – Appointment of attorney other than public defender prohibited unless public defender disqualified; procedure when public defender disqualified
A magistrate, master or district court shall not order the appointment of an attorney other than a public defender to represent a person charged with any offense or delinquent act by petition, indictment or information unless the magistrate, master or district court makes a finding, entered into the record of the case, that the public defender is disqualified from furnishing the representation and sets forth the reasons for the disqualification. If the public defender is disqualified, the magistrate, master or district court shall, after making a finding of the disqualification on the record and the reasons therefor, refer the selection of the attorney:
Terms Used In Nevada Revised Statutes 7.115
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- 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.
1. In a county whose population is less than 100,000, to the Department or its designee in compliance with the plan of the county for the provision of indigent defense services; or
2. In a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services.