Existing law requires the Attorney General or the chief legal officer or other authorized representative of a political subdivision of this State to provide legal counsel to certain officers or employees of the State or a political subdivision of the State who are named as defendants in a civil action and certain other persons who are not officers or employees of the State or a political subdivision. Existing law authorizes the Attorney General, chief legal officer or other authorized representative to employ special counsel with respect to such civil actions if the Attorney General, chief legal officer or other authorized representative, as applicable, determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be provided by the Attorney General, chief legal officer or other authorized representative. (NRS 41.0339) Section 1 of this bill authorizes the Attorney General or the chief legal officer or other authorized representative of a political subdivision of the State to represent certain officers or employees of the State or a political subdivision thereof who are summoned or subpoenaed to appear in an action or proceeding in which the person is not a named defendant if: (1) the person submits a written request for representation; and (2) the Attorney General, chief legal officer or other authorized representative, as applicable, determines that such representation is in the best interest of the State or a political subdivision of the State. Section 1 also authorizes the Attorney General, chief legal officer or other authorized representative to employ special counsel with respect to such actions or proceedings if the Attorney General, chief legal officer or other authorized representative, as applicable, determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be provided by the Attorney General, chief legal officer or other authorized representative. Section 2 of this bill makes a conforming change to indicate the appropriate placement of section 1 in the Nevada Revised Statutes. Existing law defines the term “state judicial officer” to mean a justice of the Supreme Court, senior justice, judge of a district court or senior judge. (NRS 41.03385) Section 3.3 of this bill revises the term to include a judge or senior judge of the Court of Appeals. Existing law requires that certain determinations relating to the employment of special counsel be made by the Attorney General prior to trial. (NRS 41.03435) Section 3.7 of this bill removes the requirement that such determinations be made prior to trial. In general, existing law: (1) provides that the Attorney General and his or her deputies are the legal advisers on all state matters arising in the Executive Department of the State Government; and (2) prohibits persons in the Executive Department from employing other counsel to represent the State or any agency in the Executive Department unless the Attorney General and the deputies of the Attorney General are disqualified to act in the matter. (NRS 228.110) Section 4 of this bill authorizes a person in the Executive Department to employ counsel other than the Attorney General to represent the State or any agency in the Executive Department if the Attorney General determines that it is impracticable, uneconomical or could constitute a conflict of interest for the Attorney General or a deputy of the Attorney General to serve as the legal adviser on the matter. Section 4 also requires compensation for such counsel to be paid out of: (1) the Reserve for Statutory Contingency Account; or (2) available federal grants or a permanent fund in the State Treasury other than the State General Fund. Section 4.3 of this bill requires the Office of the Attorney General to submit a report, on or before July 1 of each odd-numbered year, to the Director of the Legislative Counsel Bureau for distribution to the Joint Interim Standing Committee on the Judiciary that includes, without limitation, a list of each contract for outside legal counsel entered into by the Executive Department of State Government during the immediately preceding biennium and, for each such contract, the names of the parties to the contract and the monetary amount of the contract.

Statutes affected:
As Introduced: 41.03375, 41.03435, 228.110
Reprint 1: 41.03375, 228.110
Reprint 2: 41.03375, 41.03385, 41.03435, 228.110
Reprint 3: 41.03375, 41.03385, 41.03435, 228.110
As Enrolled: 41.03375, 41.03385, 41.03435, 228.110
BDR: 41.03375, 41.03435, 228.110