Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 40 - NEW

Current through June 11, 2024
1. The terms of any contract between a county
		  and an attorney who provides indigent defense services as an independent
		  contractor in any court within a county must avoid any actual or apparent
		  financial disincentives to the obligation of the attorney to provide clients
		  with competent legal services. Such a contract must include, without
		  limitation, the following:
(a) The
		  identification of the contracting authority and each attorney subject to the
		  contract.
(b) The terms of the
		  contract, including, without limitation, the duration of the contract, any
		  provision for renewal and any provision for terminating the contract by a
		  party.
(c) The category of cases in
		  which each attorney subject to the contract is to provide services.
(d) The minimum qualifications for each
		  attorney subject to the contract, which must be equal to or exceed the
		  qualifications required by this chapter, and a requirement that each attorney
		  maintain the applicable qualifications during the entire term of the contract.
		  If a contract covers services provided by more than one attorney, the
		  qualifications may be graduated according to the seriousness of offense, and
		  each attorney must be required to maintain only those qualifications
		  established for the offense levels for which the attorney is approved to
		  provide indigent defense services.
(e) The identification of each attorney who
		  will provide legal representation in each category of case covered by the
		  contract, including, without limitation, any attorney providing such
		  representation as a subcontractor, and a provision that ensures consistency in
		  representation in accordance with section 26 of LCB File No. R042-20.
(f) A provision establishing the maximum
		  workload that each attorney may be required to handle pursuant to the contract
		  based upon the applicable guidelines established by the Board pursuant to
		  section 42 of LCB File No. R042-20, as amended by section 11, and a provision
		  requiring the reporting of indigent defense data in accordance with sections 43
		  and 44 of LCB File No. R042-20.
(g)
		  In accordance with section 27 of LCB File No. R042-20, as amended by section 4,
		  a requirement that each attorney provide legal representation to all clients in
		  a professional, skilled manner consistent with all applicable laws, regulations
		  and rules of professional conduct and the Nevada Indigent Defense Standards of
		  Performance set forth in ADKT No. 411 of the Nevada Supreme Court.
(h) The statement of a policy that ensures
		  that an attorney does not provide representation to a defendant when doing so
		  would involve a conflict of interest.
(i) A provision regarding how investigative
		  services, expert witnesses and other case-related expenses that are reasonably
		  necessary to provide competent representation will be made in accordance with
		  all applicable laws and regulations.
(j) A provision requiring compensation to be
		  provided at a reasonable hourly rate that is comparable to the hourly rate
		  provided to local prosecutors with similar experience and that is determined
		  after taking into consideration comparable workload, overhead costs, expenses
		  and costs relating to significant attorney travel.