Current through February 27, 2024
1. In a county whose population is less than
100,000, a plan must require caseload reporting by providers of indigent
defense services in the county. The plan must specify whether such reporting
will be done by each attorney or collectively by an office of public defender.
The plan must require such reporting to be made on an annual basis and include,
without limitation, the total number of:
(a)
Beginning pending cases;
(b) New
appointments;
(c) Cases returned
from warrant or reactivated;
(d)
Cases adjudicated, disposed or closed and the manner in which each case was
adjudicated, disposed or closed, including, without limitation, pursuant to a
plea, dismissal or verdict at trial;
(e) Warrant or placed on inactive status
cases;
(f) Cases set for
review;
(g) End pending
cases;
(h) Motions to suppress:
(1) Filed; and
(2) Litigated; and
(i) Trials completed during the reporting
period.
2. The cases
included in a report required pursuant to subsection 1 must be further arranged
by the following case type:
(a) Death penalty
cases;
(b) Non-capital category A
felonies and category B felonies for which the maximum penalty is more than 10
years;
(c) Category B felonies for
which the maximum penalty is 10 years or less, category C, D and E felonies,
and gross misdemeanors;
(d)
Misdemeanor cases involving driving under the influence of alcohol or a
prohibited substance and misdemeanor cases involving allegations of domestic
violence;
(e) Other misdemeanor
cases, including, without limitation, misdemeanor direct appeals;
(f) Probation and parole
violations;
(g) Direct appeals of
capital convictions;
(h) Direct
appeals of non-capital felony and gross misdemeanor convictions;
(i) Juvenile cases, including, without
limitation, cases involving a child who is alleged to be delinquent or in need
of supervision, and appeals;
(j)
Juvenile probation and parole violations; and
(k) Specialty court cases.
3. If an attorney who is an
independent contractor or an office of public defender provides representation
beyond those services set forth in
NRS
180.004, the reporting required pursuant to
subsection 1 must also include the total number of cases under:
(a) Chapter 128 of NRS for which
representation was provided;
(b)
Chapter 159 of NRS for which representation was provided;
(c) Chapter 432B of NRS for which
representation was provided; and
(d) Chapter 433A of NRS for which
representation was provided.
4. As used in this section:
(a) "Adjudicated, disposed or closed" means a
case in which an original entry of final adjudication has been
entered.
(b) "Beginning pending"
means a case which, at the start of the reporting period, is awaiting
disposition.
(c) "End pending"
means a case which, at the end of the reporting period, is awaiting
disposition.
(d) "Final
adjudication" means an entry of judgment or adjudication, an order of dismissal
or the end of the appointment of an attorney regardless of adjudicatory
status.
(e) "Juvenile case" means a
matter involving an allegation of a juvenile in need of supervision or an act
committed by a juvenile which, if committed by an adult, would result in
criminal prosecution and over which a juvenile court has statutory original or
concurrent jurisdiction.
(f) "New
appointment" means a case in which a defendant has been assigned counsel for
the first time.
(g) "Returned from
warrant or reactivated" means a case that is reopened because a defendant has
been arrested on a warrant for failure to appear and has appeared before the
court or has returned from a diversion program or another similar event has
occurred that reactivates a case.
(h) "Set for review" means a case that, after
an initial entry of judgment during the reporting period, is awaiting regularly
scheduled reviews involving a hearing before a judicial officer.
(i) "Warrant or placed on inactive status"
means a case closed because a warrant for failure to appear has been issued,
the defendant has been ordered to participate in a diversion program or another
similar incident has occurred to make the case not active.
Added
to NAC by
R042-20A,
eff. 10/25/2021
NRS
180.320
