- 82nd Session (2023)
Senate Bill No. 34–Committee on Judiciary
CHAPTER..........
AN ACT relating to legal services; authorizing the Attorney General
or the chief legal officer or other authorized representative of
a political subdivision of this State to provide legal
representation to certain officers or employees of the State or
a political subdivision thereof in certain actions or
proceedings; revising provisions relating to special counsel
employed by the Attorney General; revising provisions
governing the legal representation of certain persons by the
Attorney General; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Attorney General or the chief legal officer or other
authorized representative of a political subdivision of this State to provide legal
counsel to certain officers or employees of the State or a political subdivision of the
State who are named as defendants in a civil action and certain other persons who
are not officers or employees of the State or a political subdivision. Existing law
authorizes the Attorney General, chief legal officer or other authorized
representative to employ special counsel with respect to such civil actions if the
Attorney General, chief legal officer or other authorized representative, as
applicable, determines that it is impracticable, uneconomical or could constitute a
conflict of interest for the legal service to be provided by the Attorney General,
chief legal officer or other authorized representative. (NRS 41.0339)
Section 1 of this bill authorizes the Attorney General or the chief legal officer
or other authorized representative of a political subdivision of the State to represent
certain officers or employees of the State or a political subdivision thereof who are
summoned or subpoenaed to appear in an action or proceeding in which the person
is not a named defendant if: (1) the person submits a written request for
representation; and (2) the Attorney General, chief legal officer or other authorized
representative, as applicable, determines that such representation is in the best
interest of the State or a political subdivision of the State. Section 1 also authorizes
the Attorney General, chief legal officer or other authorized representative to
employ special counsel with respect to such actions or proceedings if the Attorney
General, chief legal officer or other authorized representative, as applicable,
determines that it is impracticable, uneconomical or could constitute a conflict of
interest for the legal service to be provided by the Attorney General, chief legal
officer or other authorized representative. Section 2 of this bill makes a conforming
change to indicate the appropriate placement of section 1 in the Nevada Revised
Statutes.
Existing law defines the term “state judicial officer” to mean a justice of the
Supreme Court, senior justice, judge of a district court or senior judge. (NRS
41.03385) Section 3.3 of this bill revises the term to include a judge or senior judge
of the Court of Appeals.
Existing law requires that certain determinations relating to the employment of
special counsel be made by the Attorney General prior to trial. (NRS 41.03435)
Section 3.7 of this bill removes the requirement that such determinations be made
prior to trial.
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- 82nd Session (2023)
In general, existing law: (1) provides that the Attorney General and his or her
deputies are the legal advisers on all state matters arising in the Executive
Department of the State Government; and (2) prohibits persons in the Executive
Department from employing other counsel to represent the State or any agency in
the Executive Department unless the Attorney General and the deputies of the
Attorney General are disqualified to act in the matter. (NRS 228.110) Section 4 of
this bill authorizes a person in the Executive Department to employ counsel other
than the Attorney General to represent the State or any agency in the Executive
Department if the Attorney General determines that it is impracticable,
uneconomical or could constitute a conflict of interest for the Attorney General or a
deputy of the Attorney General to serve as the legal adviser on the matter. Section
4 also requires compensation for such counsel to be paid out of: (1) the Reserve for
Statutory Contingency Account; or (2) available federal grants or a permanent fund
in the State Treasury other than the State General Fund.
Section 4.3 of this bill requires the Office of the Attorney General to submit a
report, on or before July 1 of each odd-numbered year, to the Director of the
Legislative Counsel Bureau for distribution to the Joint Interim Standing
Committee on the Judiciary that includes, without limitation, a list of each contract
for outside legal counsel entered into by the Executive Department of State
Government during the immediately preceding biennium and, for each such
contract, the names of the parties to the contract and the monetary amount of the
contract.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The official attorney may represent any present or former
local judicial officer, state judicial officer, officer or employee of
the State or a political subdivision, immune contractor or State
Legislator summoned or subpoenaed to appear in an action or
proceeding in which the person is not a named defendant, if:
(a) Within 7 days after the delivery or service of the summons
or subpoena, the person submits a written request for
representation to the official attorney, and, if the person has an
administrative supervisor, his or her administrative supervisor,
unless a waiver is granted pursuant to subsection 9; and
(b) The official attorney determines that such representation is
in the best interest of the State or a political subdivision of the
State.
2. As soon as reasonably practicable after receiving a request
pursuant to subsection 1, the official attorney shall determine
whether to represent the person who submitted the request and
provide written notice of his or her determination to that person.
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- 82nd Session (2023)
3. No fact pertaining to the arrangements or circumstances
by which the State or a political subdivision or any attorney
thereof represents any person or does not represent a person
pursuant to this section is admissible in evidence in any action or
proceeding, except in connection with an application to withdraw
as the attorney of record.
4. If the official attorney determines that it is impracticable,
uneconomical or could constitute a conflict of interest for the
official attorney to provide the legal services associated with
representing a person pursuant to this section, the official attorney
may employ special counsel to render such legal services.
Compensation for special counsel employed by an official attorney
pursuant to this subsection must be paid in accordance with the
requirements prescribed by NRS 41.03435 or 41.0344, as
applicable.
5. At any time after a written request is submitted pursuant to
subsection 1, the person requesting representation may employ his
or her own counsel to represent him or her in the action or
proceeding. At that time, the State or political subdivision is
excused from any duty to represent that person and is not liable
for any expenses associated with the action or proceeding,
including, without limitation, court costs and attorney’s fees.
6. The official attorney may apply to a court to withdraw from
representing a person pursuant to this section at any time after the
official attorney has appeared in an action or proceeding to
represent the person upon notice to the person. Such notice must
include, without limitation, the reason for the requested
withdrawal.
7. If a court grants a motion to withdraw brought by the
official attorney pursuant to subsection 6, the State or any political
subdivision has no duty to continue to represent the person who is
the subject of the motion to withdraw.
8. The provisions of this section do not abrogate or otherwise
alter or affect any immunity from, or protection against, any civil
action or civil liability which is provided by law to a local judicial
officer, state judicial officer, officer or employee of the State or a
political subdivision, immune contractor, State Legislator, member
of a state board or commission or member of a local board or
commission for any act or omission relating to the person’s public
duties or employment.
9. The official attorney may waive the requirement for
notification prescribed by paragraph (a) of subsection 1 for good
cause shown.
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- 82nd Session (2023)
10. Nothing in this section shall be construed to require an
official attorney to represent any present or former local judicial
officer, state judicial officer, officer or employee of the State or a
political subdivision, immune contractor or State Legislator in any
action or proceeding.
11. As used in this section, “action or proceeding” means any
action, suit, matter, cause, hearing, appeal or proceeding.
Sec. 2. NRS 41.03375 is hereby amended to read as follows:
41.03375 As used in NRS 41.03375 to 41.03473, inclusive,
and section 1 of this act, unless the context otherwise requires, the
words and terms defined in NRS 41.03377, 41.0338 and 41.03385
have the meanings ascribed to them in those sections.
Sec. 3. (Deleted by amendment.)
Sec. 3.3. NRS 41.03385 is hereby amended to read as follows:
41.03385 “State judicial officer” means a justice or senior
justice of the Supreme Court, [senior justice,] judge or senior judge
of the Court of Appeals or judge or senior judge of a district court .
[or senior judge.]
Sec. 3.7. NRS 41.03435 is hereby amended to read as follows:
41.03435 The Attorney General may employ special counsel
whose compensation must be fixed by the Attorney General, subject
to the approval of the State Board of Examiners, if the Attorney
General determines [at any time prior to trial] that it is
impracticable, uneconomical or could constitute a conflict of interest
for the legal service to be rendered by the Attorney General or a
deputy attorney general. Compensation for special counsel must be
paid out of:
1. The Reserve for Statutory Contingency Account; or
2. Available federal grants or a permanent fund in the State
Treasury other than the State General Fund.
Sec. 4. NRS 228.110 is hereby amended to read as follows:
228.110 1. Except as otherwise provided in NRS 228.111 to
228.1118, inclusive, and 228.112 to 228.1127, inclusive, or by
specific statute:
(a) The Attorney General and the duly appointed deputies of the
Attorney General shall be the legal advisers on all state matters
arising in the Executive Department of the State Government.
(b) No officer, commissioner or appointee of the Executive
Department of the Government of the State of Nevada shall employ
any attorney at law or counselor at law to represent the State of
Nevada within the State, or to be compensated by state funds,
directly or indirectly, as an attorney acting within the State for the
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- 82nd Session (2023)
State of Nevada or any agency in the Executive Department thereof
unless [the] :
(1) The Attorney General and the deputies of the Attorney
General are disqualified to act in such matter [.] ; or
(2) The Attorney General determines that it is
impracticable, uneconomical or could constitute a conflict of
interest for the Attorney General or a deputy of the Attorney
General to serve as the legal adviser in such matter.
2. Compensation for any attorney or counselor at law
employed as special counsel by the Attorney General must be paid
in accordance with the requirements prescribed by NRS 41.03435.
3. All claims for legal services rendered in violation of this
section shall be void.
Sec. 4.3. On or before July 1 of each odd-numbered year, the
Office of the Attorney General shall submit a report to the Director
of the Legislative Counsel Bureau for distribution to the Joint
Interim Standing Committee on the Judiciary that includes, without
limitation:
1. A list of each contract entered into pursuant to NRS
228.110, as amended by section 4 of this act during the immediately
preceding biennium; and
2. For each such contract listed in the report, the names of the
parties to the contract and the monetary amount of the contract.
Sec. 4.7. The provisions of subsection 1 of NRS 218D.380 do
not apply to any provision of this act which adds or revises a
requirement to submit a report to the Legislature.
Sec. 5. 1. This section and sections 3, 3.3 and 3.7 of this act
become effective upon passage and approval.
2. Sections 1, 2, 4, 4.3 and 4.7 of this act become effective on
October 1, 2023.
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