2005 Nevada Revised Statutes - Chapter 252 — District Attorneys

CHAPTER 252 - DISTRICT ATTORNEYS

NRS 252.010 Qualifications.

NRS 252.020 Election;term of office.

NRS 252.030 Bond.

NRS 252.050 Office;hours to remain open; penalties; attendance at meetings of board of countycommissioners and at county seat in certain counties.

NRS 252.060 Fillingof vacancy in office; temporary disablement.

NRS 252.070 Deputies;clerical, investigational and operational staff.

NRS 252.080 Publicprosecutor.

NRS 252.090 Attendanceof courts in county.

NRS 252.100 Appointmentof attorney if district attorney unable or fails to act; deduction from salary.

NRS 252.110 Duties.

NRS 252.120 Districtattorney or partner not to appear as or assist counsel against State or county;penalty.

NRS 252.130 Receiptsfor money or property received in official capacity.

NRS 252.140 Accountingand payment of money to county treasurer.

NRS 252.150 Actionby county treasurer when district attorney fails to account.

NRS 252.155 Submissionof reports to Legislative Commission.

NRS 252.160 Renditionof legal opinions to county, township and district officers.

NRS 252.170 Attendanceat certain meetings of board of county commissioners; duties.

NRS 252.180 Restrictionson presentation of claims against county.

NRS 252.190 Penaltyfor malfeasance in office or neglect of duty.

_________

NRS 252.010 Qualifications. No person shall be a candidate for or be eligible to theoffice of district attorney unless he shall be:

1. A bona fide resident of the State of Nevada.

2. An attorney duly licensed and admitted to practicelaw in all the courts of this state.

[Part 1:217:1909; A 1931, 9; 1931 NCL 618]

NRS 252.020 Election;term of office.

1. District attorneys shall be elected by thequalified electors of their respective counties.

2. District attorneys shall be chosen by the electorsof their respective counties at the general election in 1922, and at thegeneral election every 4 years thereafter, and shall enter upon the duties oftheir offices on the first Monday of January subsequent to their election.

[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [Part 17:108:1866; A 1921, 96; NCL 4781]

NRS 252.030 Bond. Unless a blanket fidelity bond is furnished by the county,before entering upon the duties of his office, the district attorney shall executeand file with the county clerk a bond to the county, conditioned for thefaithful performance of his duties, the penalty of the bond to be fixed by theboard of county commissioners.

[2:125:1865; B 2936; BH 2105; C 2297; RL 1594; NCL 2072](NRS A 1979, 289)

NRS 252.050 Office;hours to remain open; penalties; attendance at meetings of board of countycommissioners and at county seat in certain counties.

1. In counties where, at the preceding generalelection, the total votes cast for the office of Representative in the Congressof the United States exceeded 2,500, district attorneys shall keep an office atthe county seat of their county, which must be kept open at least from 9 a.m.to 12 m. and 1 p.m. to 5 p.m. on all days except Saturdays, Sundays andnonjudicial days. Notwithstanding the provisions of this section, the board ofcounty commissioners of any county may, by an order regularly made and enteredin the record of its proceedings, extend the days and hours during which theoffice of the district attorney must be kept open for the transaction of publicbusiness. The board of county commissioners may authorize the district attorneyto rent, equip and operate, at public expense, one or more branch offices inthe county.

2. In counties in which the county seat is not theprincipal center of population, the county commissioners may authorize thedistrict attorney to rent, equip and operate, at public expense, a branchoffice at the countys principal center of population. The branch office mustbe kept open for the transaction of public business on the days and during thehours specified in subsection 1, but the requirements thereof do not apply to adistrict attorney when called away from the branch office by official duties.

3. Any district attorney violating the provisions ofsubsection 1 or 2 is guilty of a misdemeanor. If any district attorney isabsent from his office, except:

(a) When called away from his office by officialduties;

(b) When expressly permitted so to do by the board ofcounty commissioners or a majority of the members thereof in writing; or

(c) When he first makes provision to leave his officeopen for the transaction of public business on the days and during the hoursprescribed in subsection 1 and in charge of a deputy qualified to act in hisabsence,

there mustbe withheld from his monthly salary that proportion thereof as the number ofdays of the absence bears to the number of days of the month in which theabsence occurs. This amount must be withheld from the salary of the districtattorney for the next succeeding month by order of the board of countycommissioners; but no order in the premises may be made without first givinghim reasonable notice and an opportunity to appear before the board and defendthe charge against him.

4. Notwithstanding any other provision of thissection, the district attorney in each county having a population of 700 orless, regardless of where he resides or where he keeps his office, shall:

(a) Attend all meetings, regular or special, of theboard of county commissioners.

(b) Spend the hours from 9 a.m. to 5 p.m. of not lessthan 1 day each week at the county seat, and shall make himself available tothe county officers during those hours. The district attorney shall select theday of the week for his attendance at the county seat and shall thereafterspend that day each week at the county seat.

[1.5:178:1907; added 1955, 6; A 1955, 471] +[2:178:1907; A 1945, 340; 1955, 6](NRS A 1963, 382; 1967, 271, 540; 1975, 85;1985, 258)

NRS 252.060 Fillingof vacancy in office; temporary disablement.

1. If the district attorney dies, resigns, is removed,disappears or is permanently disabled from performing the duties of his office,the board of county commissioners shall appoint an interim or permanentreplacement for the district attorney.

2. If the district attorney is temporarily disabledfrom performing the duties of his office:

(a) The chief deputy district attorney shall performthe duties of the district attorney while he is disabled. The chief deputy isentitled to the chief deputys regular salary while engaged in the performanceof those duties.

(b) If there is no chief deputy, the board of countycommissioners shall appoint an interim replacement for the district attorney.

3. A person appointed as an interim or permanentreplacement for the district attorney pursuant to this section must beappointed at the first regularly scheduled meeting of the board of countycommissioners following the event giving rise to the appointment. Any suchevent occurring within the time provided by NRS241.020 for notice of the meeting is an emergency within the meaning ofthat section.

4. A person appointed as an interim replacement forthe district attorney pursuant to this section:

(a) Is entitled to receive the same salary as thedistrict attorney.

(b) Shall:

(1) If he is appointed pursuant to subsection 1,serve for not more than 60 days or until a permanent replacement is appointed,whichever occurs first.

(2) If he is appointed pursuant to subsection 2,serve for the duration of the disability of the district attorney or, if thedistrict attorney resigns or is removed from office, for not more than 60 daysafter the resignation or removal or until a permanent replacement is appointed,whichever occurs first.

(c) May engage in the private practice of law for notmore than 60 days after his appointment, to the extent permitted by NRS 245.0435. The limitation of time providedby this paragraph does not apply in any county of class 6, as classified in thetable of annual salaries contained in NRS245.043.

5. A person appointed as a permanent replacement forthe district attorney pursuant to this section serves the remainder of theunexpired term.

[16:125:1865; B 2950; BH 2118; C 2310; RL 1607; NCL 2085](NRS A 1991, 103; 1995, 2520)

NRS 252.070 Deputies;clerical, investigational and operational staff.

1. All district attorneys may appoint deputies, whoare authorized to transact all official business relating to those duties ofthe office set forth in NRS 252.080 and 252.090 to the same extent as theirprincipals and perform such other duties as the district attorney may from timeto time direct. The appointment of a deputy district attorney must not beconstrued to confer upon that deputy policymaking authority for the office ofthe district attorney or the county by which the deputy district attorney isemployed.

2. District attorneys are responsible on theirofficial bonds for all official malfeasance or nonfeasance of the deputies.Bonds for the faithful performance of their official duties may be required ofdeputies by district attorneys.

3. All appointments of deputies under the provisionsof this section must be in writing and must, together with the oath of officeof the deputies, be recorded in the office of the recorder of the county withinwhich the district attorney legally holds and exercises his office. Revocationsof those appointments must also be recorded as provided in this section. Fromthe time of the recording of the appointments or revocations therein, personsshall be deemed to have notice of the appointments or revocations.

4. Deputy district attorneys of counties whosepopulation is less than 100,000 may engage in the private practice of law. Inany other county, except as otherwise provided in NRS 7.065 and this subsection, deputydistrict attorneys shall not engage in the private practice of law. An attorneyappointed to prosecute a person for a limited duration with limitedjurisdiction may engage in private practice which does not present a conflictwith his appointment.

5. Any district attorney may, subject to the approvalof the board of county commissioners, appoint such clerical, investigationaland operational staff as the execution of duties and the operation of hisoffice may require. The compensation of any person so appointed must be fixedby the board of county commissioners.

6. In a county whose population is 400,000 or more,deputies are governed by the merit personnel system of the county.

[Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL 2848; NCL 4848] + [2:101:1864; B 3068; BH 2280; C 2452; RL 2849; NCL 4849] + [3:101:1864; B 3069; BH 2281; C 2453; RL 2850; NCL 4850](NRS A 1961, 215; 1969, 1465; 1973, 678; 1979, 523; 1985, 260; 1989, 203;1993, 2088, 2259, 2529; 1995, 675; 2001, 1745; 2005, 682)

NRS 252.080 Publicprosecutor. The district attorney in eachcounty shall be public prosecutor therein.

[3:125:1865; B 2937; BH 2106; C 2298; RL 1595; NCL 2073]

NRS 252.090 Attendanceof courts in county. The district attorneyshall:

1. Attend the district courts held in his county, forthe transaction of criminal business.

2. Attend Justice Courts in his county, when requiredby justices of the peace, and conduct all prosecutions on behalf of the peoplefor public offenses.

[5:125:1865; B 2939; BH 2108; C 2299; RL 1596; NCL 2074]

NRS 252.100 Appointmentof attorney if district attorney unable or fails to act; deduction from salary.

1. If the district attorney fails to attend anysession of the district court, or for any reason is disqualified from acting inany matter coming before the court, the court may appoint some other person toperform the duties of the district attorney, who is entitled to receive thesame compensation and expenses from the county as provided in NRS 7.125 and 7.135 for an attorney who is appointed torepresent a person charged with a crime.

2. If the district attorney willfully neglects toattend any session of the district court the amount so paid must be deducted bythe board of county commissioners from the salary allowed to the districtattorney.

[6:125:1865; A 1889, 73; 1907, 25; RL 1597; NCL 2075](NRS A 1975, 1156; 1987, 1303)

NRS 252.110 Duties. The district attorney shall:

1. Draw all indictments, when required by the grandjury.

2. Defend all suits brought against his county.

3. Prosecute all recognizances forfeited in thedistrict court and all actions for the recovery of debts, fines, penalties andforfeitures accruing to his county.

4. Except with respect to matters for which the boardof trustees of the school district has employed private counsel, draw all legalpapers, give his written opinion when required on matters relating to theduties of the board of trustees and transact the legal business of the schooldistrict whose boundaries are conterminous with the boundaries of his county,and perform such other legal duties as may be required of him by the board oftrustees.

5. Bring all actions on behalf of the county forabatement of nuisances pursuant to order of the board of county commissionersor, in the discretion of the district attorney, pursuant to an ordinance of thecounty as provided by NRS 244.360, subsection6, including actions for injunction, as well as for recovery of compensatoryand exemplary damages and costs of suit.

6. Perform such other duties as may be required of himby law.

[7:125:1865; A 1935, 19; 1956, 197](NRS A 1973, 216;1979, 1640)

NRS 252.120 Districtattorney or partner not to appear as or assist counsel against State or county;penalty.

1. No district attorney or partner thereof shall appearwithin his county as attorney in any criminal action, or directly or indirectlyaid, counsel or assist in the defense in any criminal action, begun orprosecuted during his term; nor in any civil action begun or prosecuted duringhis term, in behalf of any person suing or sued by the State or any countythereof.

2. This section shall apply with equal effect to anyand all partners of district attorneys.

3. A violation of this section shall be punished by afine of not more than $1,000.

[1:75:1887; C 2315; RL 1610; NCL 2086] +[2:75:1887; C 2316; RL 1611; NCL 2087] + [3:75:1887; C 2317; RL 1612;NCL 2088](NRS A 1959, 121; 1963, 385; 1967, 541)

NRS 252.130 Receiptsfor money or property received in official capacity. Whenthe district attorney receives money or property in his official capacity, heshall deliver a receipt therefor to the person from whom he receives it, andfile a duplicate with the county auditor.

[8:125:1865; B 2942; BH 2111; C 2302; RL 1599; NCL 2077]

NRS 252.140 Accountingand payment of money to county treasurer. Exceptas otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207 the district attorney shall, onor before the 5th working day of each month, file in the office of the countytreasurer an account in writing, certified by oath, of all money received byhim in his official capacity during the preceding month and shall, at the sametime, pay that money to the county treasurer.

[9:125:1865; B 2943; BH 2112; C 2303; RL 1600; NCL 2078](NRS A 1959, 756; 1973, 1682; 1985, 1009)

NRS 252.150 Actionby county treasurer when district attorney fails to account. For a failure to comply with the provisions of NRS 252.140, the county treasurer shallbring an action against the district attorney and his sureties for the recoveryof all moneys in his hands not accounted for, and for 20 percent additionalthereon.

[10:125:1865; B 2944; BH 2113; C 2304; RL 1601; NCL 2079]

NRS 252.155 Submissionof reports to Legislative Commission. The districtattorney shall submit such reports to the Legislative Commission as the regulationsof the commission require.

(Added to NRS by 1977, 331)

NRS 252.160 Renditionof legal opinions to county, township and district officers.

1. Except as otherwise provided in this section, thedistrict attorney shall, without fees, give his legal opinion to any assessor,collector, auditor or county treasurer, and to all other county, township ordistrict officers within his county, in any matter relating to the duties oftheir respective offices.

2. The district attorney is not required to give hislegal opinion on any question regarding which he requests an opinion from theAttorney General pursuant to NRS 375.0185.

[11:125:1865; A 1887, 52; B 2945; BH 2114; C 2305; RL 1602; NCL 2080](NRS A 2005, 2059)

NRS 252.170 Attendanceat certain meetings of board of county commissioners; duties. The district attorney, when not in attendance on the sittingsof the district court as criminal prosecutor, shall attend the sittings of theboard of county commissioners, when engaged in auditing accounts and claimsbrought against the county, and in all cases oppose such accounts or claims ashe may deem illegal or unjust, and shall, at all times, give his advice whenrequired to the members of the board of county commissioners upon mattersrelating to their duties.

[13:125:1865; B 2947; BH 2116; C 2307; RL 1604; NCL 2082]

NRS 252.180 Restrictionson presentation of claims against county. Nodistrict attorney, except for his own services, shall be allowed to present anyclaim, account or demand, for allowance, against his own county, or in any wayto advocate the relief asked on the claim or demand made by another.

[14:125:1865; B 2948; BH 2117; C 2308; RL 1605; NCL 2083]

NRS 252.190 Penaltyfor malfeasance in office or neglect of duty. Thedistrict attorney may be prosecuted for malfeasance in office, or neglect ofduty, and shall be punished for a gross misdemeanor and as provided in NRS 197.230.

[15:125:1865; B 2949; BH 2118; C 2309; RL 1606; NCL 2084](NRS A 1959, 121; 1967, 542)