Existing law creates the Office of State Public Defender within the Department of Indigent Defense Services to counsel and defend certain indigent persons. (NRS 180.010, 180.060) Existing law further prescribes the qualifications, powers and duties of the State Public Defender. (NRS 180.010-180.080) Section 3 of this bill creates the Office of Alternate State Public Defender within the Department to counsel and defend indigent persons under certain circumstances, including, without limitation, if the county public defender or State Public Defender is disqualified or otherwise unable to provide representation. Section 9 of this bill likewise creates the Office of Postconviction Counsel within the Department to prosecute appeals and other postconviction remedies on behalf of indigent persons under certain circumstances. Sections 4-8 and 10-14 of this bill prescribe the qualifications, powers and duties of the Alternate State Public Defender and the Postconviction Counsel, respectively, and make various other changes relating to the provision of legal services by each such officer. Section 18 of this bill: (1) authorizes the State Public Defender to enter into a contract with the Alternate State Public Defender or Postconviction Counsel to provide representation for indigent persons under certain circumstances; and (2) provides that all such services must be performed under the supervision and control of the State Public Defender. Existing law requires the Board on Indigent Defense Services and the Department to perform certain duties related to the oversight of indigent defense services in this State. (NRS 180.320, 180.400, 180.410, 180.430) Section 19 of this bill revises certain qualifications of the members of the Board. Sections 20-23 of this bill revise the duties of the Board, Department and certain employees of the Department to additionally require the Board, Department and certain employees of the Department to perform certain duties relating to the oversight of postconviction services in this State. Section 24 of this bill provides that the privilege for confidential communication between a client and the client's attorney is not waived if a disclosure is made to the Department or its designee for the purpose of submitting a complaint against an attorney providing postconviction services. Sections 2 and 15 of this bill define the term “postconviction services” for the purposes of this bill and certain other provisions of existing law governing the provision of legal representation to indigent persons. Existing law generally prohibits the State Public Defender and any deputy state public defender employed in the Office of State Public Defender from engaging in the private practice of law. (NRS 180.010, 180.030) Sections 16 and 17 of this bill remove this prohibition, thereby authorizing the State Public Defender and any deputy state public defender to engage in the private practice of law.

Statutes affected:
As Introduced: 180.002, 180.010, 180.030, 180.050, 180.300, 180.320, 180.410, 180.430, 180.440, 49.385
BDR: 180.002, 180.010, 180.030, 180.050, 180.300, 180.320, 180.410, 180.430, 180.440, 49.385