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- 83rd Session (2025)
Senate Bill No. 407–Committee on Judiciary
CHAPTER..........
AN ACT relating to indigent services; revising provisions governing
the Executive Director of the Department of Indigent Defense
Services and the State Public Defender ; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Department of Indigent Defense Services and requires
the Governor to appoint the Executive Director of the Department, who serves at
the pleasure of the Governor. (NRS 180.400) Section 25.5 of this bill instead: (1)
requires the Executive Director to serve at the pleasure of the Board on Indigent
Defense Services; and (2) authorizes the Board to remove the Executive Director
only for good cause, unless an exception applies. Section 25.5 also specifies that
the Executive Director serves a term of 4 years and may be reappointed.
Existing law creates the Office of the State Public Defender within the
Department and requires the Governor to appoint the State Public Defender. (NRS
180.010) Section 16 of this bill instead requires the Executive Director to appoint
the State Public Defender. Section 16 also authorizes the Executive Director to
reappoint the State Public Defender.
Existing law requires the Executive Director and the State Public Def ender to
be licensed to practice law in this State. (NRS 180.010, 180.400) Sections 16 and
25.5 instead require each such person to be a member of the State Bar of Nevada or
otherwise authorized to practice law in this State under the rules of the Supreme
Court.
Section 25.7 of this bill authorizes the person serving as the State Public
Defender on the effective date of this bill to serve the remainder of the term for
which he or she was appointed. Section 25.7 also provides that the person serving
as the Executive Director on the effective date of this bill is deemed to have been
appointed to a term of 4 years beginning on that date.
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:
Sections 1-15. (Deleted by amendment.)
Sec. 16. NRS 180.010 is hereby amended to read as follows:
180.010 1. The Office of State Public Defender is hereby
created within the Department of Indigent Defense Services.
2. The [Governor] Executive Director shall appoint the State
Public Defender for a term of 4 years, and until a successor is
appointed and qualified. The State Public Defender may be
reappointed.
3. The State Public Defender is responsible to the Executive
Director.
4. The State Public Defender:
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- 83rd Session (2025)
(a) Must be [an attorney licensed] a member of the State Bar of
Nevada in good standing or otherwise authorized to practice law in
the State of Nevada [.] pursuant to the rules of the Supreme Court.
(b) Is in the unclassified service of the S tate and serves at the
pleasure of the Executive Director.
(c) Except as otherwise provided in NRS 7.065, shall not engage
in the private practice of law.
5. No officer or agency of the State, other than the Executive
Director and the deputy director se lected by the Executive Director
pursuant to NRS 180.420 who is responsible for carrying out the
duties provided in NRS 180.430 may supervise the State Public
Defender. No officer or agency of the State, other than the
Executive Director or deputy director selected by the Executive
Director pursuant to NRS 180.420 who is responsible for carrying
out the duties provided in NRS 180.430 may assign the State Public
Defender duties in addition to those prescribed by this chapter.
Secs. 17-25. (Deleted by amendment.)
Sec. 25.5. NRS 180.400 is hereby amended to read as follows:
180.400 1. The Department of Indigent Defense Services is
hereby created.
2. The Governor shall appoint the Executive Director of the
Department [must be appointed by the Governor] from a list of three
persons recommended by the Board. The Executive Director serves
a term of 4 years, and until a successor is appointed and qualifie d.
The Executive Director may be reappointed.
3. [The] Except as otherwise provided in subsection 5, the
Executive Director:
(a) Is in the unclassified service of this State;
(b) Serves at the pleasure of the [Governor,] Board, except that
the Execut ive Director may only be removed [upon a finding of
incompetence, neglect of duty, commission of an act that constitutes
moral turpitude, misfeasance, malfeasance or nonfeasance in office
or] for [any other] good cause;
(c) Must be [an attorney licensed] a member of the State Bar of
Nevada in good standing or otherwise authorized to practice law in
the State of Nevada [;] pursuant to the rules of the Supreme Court;
and
(d) Must devote his or her entire time to his or her duties and
shall not engage in any other gainful employment or occupation.
4. The Executive Director may, within the limits of money
available for this purpose, employ or enter into a contract for the
services of such employees or consultants as is necessary to carry
out the provisions of this chapter.
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- 83rd Session (2025)
5. In extraordinary circumstances, the Governor may remove
the Executive Director upon a finding that the Executive Director:
(a) Engaged in criminal conduct, whether or not the conduct
occurred in office; or
(b) Committed an act that c onstitutes malfeasance or
nonfeasance in office. For the purposes of this paragraph, an
otherwise lawful action taken within the scope of the statutory
authority of the Executive Director does not constitute
malfeasance or nonfeasance.
The Legislature declares that the purpose of this subsection is
to uphold the public policy that an indigent defense system must
be independent in order to provide constitutionally adequate
representation, as recognized by the American Bar Association
Ten Principles of a Public Defense Delivery System, as published
on November 9, 2023.
Sec. 25.7. Notwithstanding the amendatory provisions of this
act:
1. The State Public Defender who was appointed pursuant to
NRS 180.010 as that section existed on June 30, 2025, and who is
serving a term on July 1, 2025, is entitled to serve the remainder of
the term for which he or she was appointed.
2. The Executive Director who was appointed pursuant to NRS
180.400 as that section existed on June 30, 2025, shall be deemed to
have been appointed to a term of 4 years on July 1, 2026.
Sec. 26. This act becomes effective on July 1, 2025.
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