Nevada 2023 Regular Session

Nevada Senate Bill SB34 Compare Versions

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1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 34–Committee on Judiciary
5	5
6	6	CHAPTER..........
7	7
8	8	AN ACT relating to legal services; authorizing the Attorney General
9	9	or the chief legal officer or other authorized representative of
10	10	a political subdivision of this State to provide legal
11	11	representation to certain officers or employees of the State or
12	12	a political subdivision thereof in certain actions or
13	13	proceedings; revising provisions relating to special counsel
14	14	employed by the Attorney General; revising provisions
15	15	governing the legal representation of certain persons by the
16	16	Attorney General; and providing other matters properly
17	17	relating thereto.
18	18	Legislative Counsel’s Digest:
19	19	Existing law requires the Attorney General or the chief legal officer or other
20	20	authorized representative of a political subdivision of this State to provide legal
21	21	counsel to certain officers or employees of the State or a political subdivision of the
22	22	State who are named as defendants in a civil action and certain other persons who
23	23	are not officers or employees of the State or a political subdivision. Existing law
24	24	authorizes the Attorney General, chief legal officer or other authorized
25	25	representative to employ special counsel with respect to such civil actions if the
26	26	Attorney General, chief legal officer or other authorized representative, as
27	27	applicable, determines that it is impracticable, uneconomical or could constitute a
28	28	conflict of interest for the legal service to be provided by the Attorney General,
29	29	chief legal officer or other authorized representative. (NRS 41.0339)
30	30	Section 1 of this bill authorizes the Attorney General or the chief legal officer
31	31	or other authorized representative of a political subdivision of the State to represent
32	32	certain officers or employees of the State or a political subdivision thereof who are
33	33	summoned or subpoenaed to appear in an action or proceeding in which the person
34	34	is not a named defendant if: (1) the person submits a written request for
35	35	representation; and (2) the Attorney General, chief legal officer or other authorized
36	36	representative, as applicable, determines that such representation is in the best
37	37	interest of the State or a political subdivision of the State. Section 1 also authorizes
38	38	the Attorney General, chief legal officer or other authorized representative to
39	39	employ special counsel with respect to such actions or proceedings if the Attorney
40	40	General, chief legal officer or other authorized representative, as applicable,
41	41	determines that it is impracticable, uneconomical or could constitute a conflict of
42	42	interest for the legal service to be provided by the Attorney General, chief legal
43	43	officer or other authorized representative. Section 2 of this bill makes a conforming
44	44	change to indicate the appropriate placement of section 1 in the Nevada Revised
45	45	Statutes.
46	46	Existing law defines the term “state judicial officer” to mean a justice of the
47	47	Supreme Court, senior justice, judge of a district court or senior judge. (NRS
48	48	41.03385) Section 3.3 of this bill revises the term to include a judge or senior judge
49	49	of the Court of Appeals.
50	50	Existing law requires that certain determinations relating to the employment of
51	51	special counsel be made by the Attorney General prior to trial. (NRS 41.03435)
52	52	Section 3.7 of this bill removes the requirement that such determinations be made
53	53	prior to trial.
54	54	– 2 –
55	55
56	56
57	57	- 82nd Session (2023)
58	58	In general, existing law: (1) provides that the Attorney General and his or her
59	59	deputies are the legal advisers on all state matters arising in the Executive
60	60	Department of the State Government; and (2) prohibits persons in the Executive
61	61	Department from employing other counsel to represent the State or any agency in
62	62	the Executive Department unless the Attorney General and the deputies of the
63	63	Attorney General are disqualified to act in the matter. (NRS 228.110) Section 4 of
64	64	this bill authorizes a person in the Executive Department to employ counsel other
65	65	than the Attorney General to represent the State or any agency in the Executive
66	66	Department if the Attorney General determines that it is impracticable,
67	67	uneconomical or could constitute a conflict of interest for the Attorney General or a
68	68	deputy of the Attorney General to serve as the legal adviser on the matter. Section
69	69	4 also requires compensation for such counsel to be paid out of: (1) the Reserve for
70	70	Statutory Contingency Account; or (2) available federal grants or a permanent fund
71	71	in the State Treasury other than the State General Fund.
72	72	Section 4.3 of this bill requires the Office of the Attorney General to submit a
73	73	report, on or before July 1 of each odd-numbered year, to the Director of the
74	74	Legislative Counsel Bureau for distribution to the Joint Interim Standing
75	75	Committee on the Judiciary that includes, without limitation, a list of each contract
76	76	for outside legal counsel entered into by the Executive Department of State
77	77	Government during the immediately preceding biennium and, for each such
78	78	contract, the names of the parties to the contract and the monetary amount of the
79	79	contract.
80	80
81	81	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
82	82
83	83
84	84	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
85	85	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
86	86
87	87	Section 1. Chapter 41 of NRS is hereby amended by adding
88	88	thereto a new section to read as follows:
89	89	1. The official attorney may represent any present or former
90	90	local judicial officer, state judicial officer, officer or employee of
91	91	the State or a political subdivision, immune contractor or State
92	92	Legislator summoned or subpoenaed to appear in an action or
93	93	proceeding in which the person is not a named defendant, if:
94	94	(a) Within 7 days after the delivery or service of the summons
95	95	or subpoena, the person submits a written request for
96	96	representation to the official attorney, and, if the person has an
97	97	administrative supervisor, his or her administrative supervisor,
98	98	unless a waiver is granted pursuant to subsection 9; and
99	99	(b) The official attorney determines that such representation is
100	100	in the best interest of the State or a political subdivision of the
101	101	State.
102	102	2. As soon as reasonably practicable after receiving a request
103	103	pursuant to subsection 1, the official attorney shall determine
104	104	whether to represent the person who submitted the request and
105	105	provide written notice of his or her determination to that person.
106	106	– 3 –
107	107
108	108
109	109	- 82nd Session (2023)
110	110	3. No fact pertaining to the arrangements or circumstances
111	111	by which the State or a political subdivision or any attorney
112	112	thereof represents any person or does not represent a person
113	113	pursuant to this section is admissible in evidence in any action or
114	114	proceeding, except in connection with an application to withdraw
115	115	as the attorney of record.
116	116	4. If the official attorney determines that it is impracticable,
117	117	uneconomical or could constitute a conflict of interest for the
118	118	official attorney to provide the legal services associated with
119	119	representing a person pursuant to this section, the official attorney
120	120	may employ special counsel to render such legal services.
121	121	Compensation for special counsel employed by an official attorney
122	122	pursuant to this subsection must be paid in accordance with the
123	123	requirements prescribed by NRS 41.03435 or 41.0344, as
124	124	applicable.
125	125	5. At any time after a written request is submitted pursuant to
126	126	subsection 1, the person requesting representation may employ his
127	127	or her own counsel to represent him or her in the action or
128	128	proceeding. At that time, the State or political subdivision is
129	129	excused from any duty to represent that person and is not liable
130	130	for any expenses associated with the action or proceeding,
131	131	including, without limitation, court costs and attorney’s fees.
132	132	6. The official attorney may apply to a court to withdraw from
133	133	representing a person pursuant to this section at any time after the
134	134	official attorney has appeared in an action or proceeding to
135	135	represent the person upon notice to the person. Such notice must
136	136	include, without limitation, the reason for the requested
137	137	withdrawal.
138	138	7. If a court grants a motion to withdraw brought by the
139	139	official attorney pursuant to subsection 6, the State or any political
140	140	subdivision has no duty to continue to represent the person who is
141	141	the subject of the motion to withdraw.
142	142	8. The provisions of this section do not abrogate or otherwise
143	143	alter or affect any immunity from, or protection against, any civil
144	144	action or civil liability which is provided by law to a local judicial
145	145	officer, state judicial officer, officer or employee of the State or a
146	146	political subdivision, immune contractor, State Legislator, member
147	147	of a state board or commission or member of a local board or
148	148	commission for any act or omission relating to the person’s public
149	149	duties or employment.
150	150	9. The official attorney may waive the requirement for
151	151	notification prescribed by paragraph (a) of subsection 1 for good
152	152	cause shown.
153	153	– 4 –
154	154
155	155
156	156	- 82nd Session (2023)
157	157	10. Nothing in this section shall be construed to require an
158	158	official attorney to represent any present or former local judicial
159	159	officer, state judicial officer, officer or employee of the State or a
160	160	political subdivision, immune contractor or State Legislator in any
161	161	action or proceeding.
162	162	11. As used in this section, “action or proceeding” means any
163	163	action, suit, matter, cause, hearing, appeal or proceeding.
164	164	Sec. 2. NRS 41.03375 is hereby amended to read as follows:
165	165	41.03375 As used in NRS 41.03375 to 41.03473, inclusive,
166	166	and section 1 of this act, unless the context otherwise requires, the
167	167	words and terms defined in NRS 41.03377, 41.0338 and 41.03385
168	168	have the meanings ascribed to them in those sections.
169	169	Sec. 3. (Deleted by amendment.)
170	170	Sec. 3.3. NRS 41.03385 is hereby amended to read as follows:
171	171	41.03385 “State judicial officer” means a justice or senior
172	172	justice of the Supreme Court, [senior justice,] judge or senior judge
173	173	of the Court of Appeals or judge or senior judge of a district court .
174	174	[or senior judge.]
175	175	Sec. 3.7. NRS 41.03435 is hereby amended to read as follows:
176	176	41.03435 The Attorney General may employ special counsel
177	177	whose compensation must be fixed by the Attorney General, subject
178	178	to the approval of the State Board of Examiners, if the Attorney
179	179	General determines [at any time prior to trial] that it is
180	180	impracticable, uneconomical or could constitute a conflict of interest
181	181	for the legal service to be rendered by the Attorney General or a
182	182	deputy attorney general. Compensation for special counsel must be
183	183	paid out of:
184	184	1. The Reserve for Statutory Contingency Account; or
185	185	2. Available federal grants or a permanent fund in the State
186	186	Treasury other than the State General Fund.
187	187	Sec. 4. NRS 228.110 is hereby amended to read as follows:
188	188	228.110 1. Except as otherwise provided in NRS 228.111 to
189	189	228.1118, inclusive, and 228.112 to 228.1127, inclusive, or by
190	190	specific statute:
191	191	(a) The Attorney General and the duly appointed deputies of the
192	192	Attorney General shall be the legal advisers on all state matters
193	193	arising in the Executive Department of the State Government.
194	194	(b) No officer, commissioner or appointee of the Executive
195	195	Department of the Government of the State of Nevada shall employ
196	196	any attorney at law or counselor at law to represent the State of
197	197	Nevada within the State, or to be compensated by state funds,
198	198	directly or indirectly, as an attorney acting within the State for the
199	199	– 5 –
200	200
201	201
202	202	- 82nd Session (2023)
203	203	State of Nevada or any agency in the Executive Department thereof
204	204	unless [the] :
205	205	(1) The Attorney General and the deputies of the Attorney
206	206	General are disqualified to act in such matter [.] ; or
207	207	(2) The Attorney General determines that it is
208	208	impracticable, uneconomical or could constitute a conflict of
209	209	interest for the Attorney General or a deputy of the Attorney
210	210	General to serve as the legal adviser in such matter.
211	211	2. Compensation for any attorney or counselor at law
212	212	employed as special counsel by the Attorney General must be paid
213	213	in accordance with the requirements prescribed by NRS 41.03435.
214	214	3. All claims for legal services rendered in violation of this
215	215	section shall be void.
216	216	Sec. 4.3. On or before July 1 of each odd-numbered year, the
217	217	Office of the Attorney General shall submit a report to the Director
218	218	of the Legislative Counsel Bureau for distribution to the Joint
219	219	Interim Standing Committee on the Judiciary that includes, without
220	220	limitation:
221	221	1. A list of each contract entered into pursuant to NRS
222	222	228.110, as amended by section 4 of this act during the immediately
223	223	preceding biennium; and
224	224	2. For each such contract listed in the report, the names of the
225	225	parties to the contract and the monetary amount of the contract.
226	226	Sec. 4.7. The provisions of subsection 1 of NRS 218D.380 do
227	227	not apply to any provision of this act which adds or revises a
228	228	requirement to submit a report to the Legislature.
229	229	Sec. 5. 1. This section and sections 3, 3.3 and 3.7 of this act
230	230	become effective upon passage and approval.
231	231	2. Sections 1, 2, 4, 4.3 and 4.7 of this act become effective on
232	232	October 1, 2023.
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