Existing law: (1) creates the Board on Indigent Defense Services and the Department of Indigent Defense Services; and (2) requires the Board and the Department to perform certain duties related to the oversight of indigent defense services in this State. (NRS 180.300, 180.320, 180.400, 180.410)
Section 1 of this bill provides, with certain exceptions, that all records received by the Board, the Department or a designee of the Department that are protected by the attorney-client privilege are confidential. Section 1 also provides that all records obtained or compiled during or after an investigation arising from a complaint related to the conduct of an attorney are confidential, unless releasing such records is necessary for the performance of the oversight functions or duties of the Board or Department. Additionally, section 1 clarifies that the Board and Department may, at their discretion, communicate or cooperate with, or provide records to, any professional licensing board or any other governmental agency that is investigating a complaint against an attorney pertaining to the representation of an indigent client by the attorney.
Existing law establishes a privilege for confidential communication between a client and the client's attorney. (NRS 49.035-49.115) However, existing law also provides that the privilege is waived if a person who holds the privilege voluntarily discloses or consents to disclosure of any significant part of the matter, unless the disclosure is itself a privileged communication or made to an interpreter employed merely to facilitate communications. (NRS 49.385) Section 2 of this bill provides that the privilege is additionally not waived if a disclosure is made to the Department or its designee for the purpose of: (1) requesting prior approval of a claim for compensation for certain legal expenses; (2) submitting a claim for compensation of certain legal fees or expenses reasonably incurred by an attorney providing indigent defense services; or (3) submitting a complaint against an attorney providing indigent defense services.
Section 3 of this bill makes a conforming change to reflect that certain records are confidential pursuant to section 1.

Statutes affected:
As Introduced: 49.385, 239.010
Reprint 1: 49.385, 239.010
As Enrolled: 49.385, 239.010
BDR: 49.385, 239.010