Existing law prohibits a magistrate, master or district court from appointing an attorney other than a public defender to represent a person charged with any offense or delinquent act unless the magistrate, master or district court finds that the public defender is disqualified from providing representation and explains the reasons for the disqualification. Under existing law, if the public defender is disqualified, the magistrate, master or district court is required to refer the selection of the attorney: (1) in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), to the Department of Indigent Defense Services 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 (currently Clark and Washoe Counties), in compliance with the plan of the county for the provision of indigent defense services. (NRS 7.115) Existing law provides that an attorney, other than a public defender, who is so selected to represent or defend a defendant is entitled to receive a fee for court appearances and other time reasonably spent on the matter to which the appointment is made of $125 per hour in cases in which the death penalty is sought and $100 per hour in all other cases. (NRS 7.125) Finally, existing law provides that: (1) the compensation and expenses of an attorney appointed to represent a defendant must be paid from the county treasury unless the proceedings are based upon a postconviction petition for habeas corpus, in which case the compensation and expenses must be paid from money appropriated to the Office of State Public Defender; and (2) if the appropriation for such expenses is exhausted, money must be allocated to the Office from the Reserve for Statutory Contingency Account within the State General Fund. (NRS 7.155, 353.264) Section 2 of this bill requires the Board on Indigent Defense Services to adopt regulations establishing rates of hourly compensation for: (1) in counties whose population is less than 100,000, an attorney, other than a public defender, who is selected to provide indigent defense services; and (2) in all counties, an attorney who is appointed to represent a petitioner who files a postconviction petition for habeas corpus. Section 3 of this bill makes a conforming change to reflect the change in section 2. Section 1 of this bill provides that: (1) the compensation and expenses of an attorney appointed to represent a defendant are an obligation of the county unless the county has transferred its responsibility for the provision of indigent defense services or met the maximum amount to be paid for indigent defense services by the county, as determined using the formula established by the Board; and (2) amounts that are not an obligation of the county must be paid from money appropriated to the Department and, after the appropriation for such compensation and expenses is exhausted, money must be allocated from the Reserve for Statutory Contingency Account for the payment of such compensation and expenses. Sections 4 and 5 of this bill make conforming changes to reflect the changes in section 1.

Statutes affected:
As Introduced: 180.320, 7.125, 7.155, 353.264
As Enrolled: 180.320, 7.125, 7.155, 353.264
BDR: 180.320, 7.125, 7.155, 353.264