Existing law provides for the election, qualifications and duties of a district attorney for each county in this State. (Chapter 252 of NRS) Section 5 of this bill authorizes a board of county commissioners to create the office of county counsel to perform many of the noncriminal duties otherwise assigned to the district attorney. Section 5 requires the board of county commissioners in a county where the office of county counsel is created to interview candidates and appoint a county counsel. Section 5 also sets forth the qualifications for appointment as county counsel, which are similar to the qualifications required for a candidate for the office of district attorney. Existing law requires the district attorney of a county to perform certain legal duties for the county, including, among others: (1) providing legal opinions to the board of county commissioners and certain county, township and district officers; (2) attending meetings of the board of county commissioners; (3) reviewing all contracts under consideration by the board; (4) drafting ordinances and amendments thereto; (5) providing certain legal advice; and (6) drawing all legal papers on behalf of the board. (NRS 244.235, 252.160, 252.170) Section 5 requires a board of county commissioners that has created the office of county counsel to require the county counsel to perform such duties. Section 5 also requires the board of county commissioners to require the county counsel to represent the county in certain civil matters relating to the abuse or neglect of a child. Section 6 of this bill authorizes the county counsel of a county to appoint deputies and other clerical, investigational and operational staff. Sections 13, 37, 60 and 61 of this bill require that each county counsel be provided certain state publications. Existing law requires the Attorney General, when requested, to give his or her opinion in writing upon any question of law to certain state and local officers, including, among others, to any district attorney, upon any question of law relating to their respective offices. (NRS 228.150) Section 38 of this bill includes a county counsel among the officers to whom the Attorney General is required to give such a written opinion. Sections 1, 14, 16, 18, 26, 28, 30, 33, 35, 42, 47, 53, 63, 66, 70, 76, 78, 80, 82, 84, 89, 91, 94, 102, 104, 107, 109, 112, 113, 115, 116, 118, 122, 124, 129 and 134 of this bill revise the definition of “district attorney” in various provisions of existing law which authorize or require a district attorney to perform certain duties or bring certain civil actions, for the purpose of authorizing or requiring, as applicable, a county counsel to perform such duties or bring such actions. Sections 2, 3, 20-25, 43, 44, 49, 55-58, 64, 65, 72-75, 93, 96-100, 120, 136 and 137 of this bill revise certain provisions of existing law to conform to this revised definition of “district attorney” for the purpose of prohibiting county counsel from conducting criminal prosecutions or bringing certain civil actions relating to an obligation for the support of a child. Sections 8, 10-12, 17, 32, 39-41, 45, 46, 50-52, 59, 62, 68, 69, 83, 86-88, 101-103, 106, 110, 111, 114, 121, 126, 127, 131-133 and 138-142 of this bill similarly authorize or require, as applicable, a county counsel to perform certain additional duties and bring certain additional civil actions. Sections 7, 9, 15, 19, 27, 29, 31, 34, 36, 48, 54, 67, 71, 77, 79, 81, 85, 90, 92, 95, 105, 108, 113, 117, 119, 123, 125, 128, 130 and 135 of this bill make conforming changes as a result of the authorization to create the office of county counsel in section 5.

Statutes affected:
As Introduced: 244.33506, 244.33508, 252.110, 252.160, 252.170, 252.180, 253.0435, 253.215, 2.345, 10.010, 50.225, 75.010, 76.175, 90.375, 90.435, 90.615, 90.730, 91.340, 97.015, 118A.020, 118B.010, 128.091, 163.001, 211.241, 218D.955, 228.150, 239A.070, 239B.050, 268.632, 269.171, 269.172, 270.110, 281.050, 281A.030, 281A.790, 282.330, 282.340, 283.040, 293.010, 293.505, 293.755, 293.840, 306.200, 328.510, 345.010, 345.020, 350.0205, 354.613, 354.626, 357.010, 360.245, 360.260, 361.010, 361.2225, 361.2226, 361.550, 361.555, 372A.010, 373.020, 374.020, 375.010, 387.3286, 392.275, 405.130, 405.150, 418.030, 432A.020, 432B.010, 432B.380, 433.005, 433.633, 433.634, 433A.335, 433A.336, 433A.339, 441A.660, 445B.460, 449.207, 450.005, 452.030, 455.080, 455.200, 482.3657, 532.160, 533.005, 535.070, 539.013, 543.180, 554.010, 554.140, 555.120, 563.250, 588.010, 597.945, 597.947, 598.0923, 603A.010, 608.150, 612.745, 613.160, 624.006, 624.268, 624.30175, 630.417, 633.755, 642.5178, 678A.650, 710.152
BDR: 244.33506, 244.33508, 252.110, 252.160, 252.170, 252.180, 253.0435, 253.215, 2.345, 10.010, 50.225, 75.010, 76.175, 90.375, 90.435, 90.615, 90.730, 91.340, 97.015, 118A.020, 118B.010, 128.091, 163.001, 211.241, 218D.955, 228.150, 239A.070, 239B.050, 268.632, 269.171, 269.172, 270.110, 281.050, 281A.030, 281A.790, 282.330, 282.340, 283.040, 293.010, 293.505, 293.755, 293.840, 306.200, 328.510, 345.010, 345.020, 350.0205, 354.613, 354.626, 357.010, 360.245, 360.260, 361.010, 361.2225, 361.2226, 361.550, 361.555, 372A.010, 373.020, 374.020, 375.010, 387.3286, 392.275, 405.130, 405.150, 418.030, 432A.020, 432B.010, 432B.380, 433.005, 433.633, 433.634, 433A.335, 433A.336, 433A.339, 441A.660, 445B.460, 449.207, 450.005, 452.030, 455.080, 455.200, 482.3657, 532.160, 533.005, 535.070, 539.013, 543.180, 554.010, 554.140, 555.120, 563.250, 588.010, 597.945, 597.947, 598.0923, 603A.010, 608.150, 612.745, 613.160, 624.006, 624.268, 624.30175, 630.417, 633.755, 642.5178, 678A.650, 710.152