Nev. Admin. Code § 180.Sec. 25 - NEW

1. A plan for the provision of indigent defense services must ensure that an attorney has the resources to:
(a) Conduct an independent investigation of the charges filed against a client as promptly as practicable and, if appropriate, retain an investigator to assist with the defense of the client; and
(b) Request the assistance of experts when such assistance is reasonably necessary to prepare the defense of a client.
2. In accordance with paragraph (e) of subsection 2 of NRS 180.320, it is recommended that a plan provide for the payment of expenses related to trial, including, without limitation, expenses for expert witnesses and investigators, in the following manner:
(a) In a county whose population is less than 100,000:
(1) By excluding the judiciary from the payment of reasonably necessary investigative, expert or other case-related expenses for providers of indigent defense services.
(2) If the office of public defender is created pursuant to chapter 260 of NRS, by providing a budget for investigative, expert and other case-related expenses that is administered by the public defender.
(3) If public defense services are provided by independent contractors, by providing a budget for case-related expenses that is administered by the Department or its designee and that includes a mechanism for judicial review of any modified or denied requests.
(4) If the public defender has been disqualified, by providing a budget for case-related expenses that is administered by the Department or its designee and that includes a mechanism for judicial review. A budget provided pursuant to this subparagraph and subparagraph (3) may be the same budget.
(5) To ensure the prompt approval of frequent and necessary case-related expenses, by providing for the automatic approval of case-related expenses up to $2,500.
(b) In a county whose population is 100,000 or more, in accordance with the determination of the county.

Notes

Nev. Admin. Code § 180.Sec. 25
Added to NAC by R042-20A, eff. 10/25/2021
NRS 180.320

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