NRS
171.188 Procedure for appointment of attorney for indigent defendant.
1. Any defendant charged with a public
offense who is an indigent may, by oral statement to the district judge,
justice of the peace, municipal judge or master, request the appointment of an
attorney to represent the defendant. The record in each such case must indicate
that the defendant was provided an opportunity to make an oral statement and
whether the defendant made such a statement or declined to request the
appointment of an attorney. If the defendant declined to request the
appointment of an attorney, the record must also indicate that the decision to
decline was made knowingly and voluntarily and with an understanding of the
consequences.
2. The request must be accompanied by the
defendant’s affidavit, which must state:
(a) That the defendant is without means of
employing an attorney; and
(b) Facts with some particularity, definiteness
and certainty concerning the defendant’s financial disability.
3. The district judge, justice of the
peace, municipal judge or master shall forthwith consider the application and
shall make such further inquiry as he or she considers necessary. If the
district judge, justice of the peace, municipal judge or master:
(a) Finds that the defendant is without means of
employing an attorney; and
(b) Otherwise determines that representation is
required,
Ê the judge,
justice or master shall designate the public defender of the county or the
State Public Defender, as appropriate, to represent the defendant.
4. If the appropriate public defender is
unable to represent the defendant, or other good cause appears, the judge,
justice or master shall order the appointment of another attorney and refer the
selection of the attorney:
(a) In a county whose population is less than
100,000, to the Department of Indigent Defense Services or its designee in
compliance with the plan of the county for the provision of indigent defense
services; or
(b) In a county whose population is 100,000 or
more, in compliance with the plan of the county for the provision of indigent
defense services.
5. The county or State Public Defender
must be reimbursed by the city for costs incurred in appearing in municipal
court. The county shall reimburse the State Public Defender for costs incurred
in appearing in Justice Court, unless the county has transferred the
responsibility to provide all indigent defense services for the county to the
State Public Defender pursuant to NRS
180.450. If a private attorney is appointed as provided in this section,
the private attorney must be reimbursed by the county for appearance in Justice
Court or the city for appearance in municipal court.
(Added to NRS by 1967,
1405; A 1969,
478; 1971,
1412; 1973,
357; 1977,
1571; 1983,
901; 2019,
2879; 2021,
2266)
Notes of Decisions
Rodriguez v. Eighth Jud. Dist. Court of State of Nevada, 102 P.3d 41 (Nev. 2004).
· cites it 3× “21 Here, Rodriguez filed an affidavit of indigency pursuant to NRS 171.188 of Nevada’s criminal procedure code, outlining his current financial status and attesting to the fact that he is without means to employ an attorney.”
Rodriguez v. Dist. Ct., 102 P.3d 41 (Nev. 2004).
· cites it 3× “[21] Here, Rodriguez filed an affidavit of indigency pursuant to NRS 171.188 of Nevada's criminal procedure code, outlining his current financial status and attesting to the fact that he is without means to employ an attorney.”
State v. Washoe Cnty. Pub. Def., 775 P.2d 217 (Nev. 1989).
· cites it 2× “That statute provides in full that “[t]he public defender may, before being designated as counsel for that person pursuant to NRS 171.188, 1 interview an indigent person when he has been arrested and confined for a public offense or for questioning on suspicion of having…”
Sanchez v. Murphy, 385 F. Supp. 1362 (D. Nev. 1974).
“The xmblic defender shall, when designated imrsuant to NRS 171.188, represent, without charge, each indigent person who is under arrest and held for a xmblic offense.”
Brackenbrough v. State, 553 P.2d 419 (Nev. 1976).
“” Prior to May 20, 1975, the effective date of the new statute, *463 a request for an attorney’s fee by private counsel who had been appointed pursuant to NRS 171.188, was directed to the district court.”
Mathews v. State, 541 P.2d 906 (Nev. 1975).
“260, when an eligible indigent takes an appeal from a judgment of conviction in counties having a public defender system, the appeal must be handled by the county public defender; except, of course, in those cases where the county defender cannot act or is otherwise…”
Argersinger v. Hamlin, 407 U.S. 25 (1972).
· cites it 2× “[27] See Kamisar & Choper, The Right to Counsel in Minnesota: Some Field Findings and Legal-Policy Observations, 48 Minn.”
Payne v. Warden, Nevada State Prison, 461 P.2d 406 (Nev. 1969).
“Furthermore, the appellant is unable to claim the advantage and protection of NRS 171.188 and 171.196, formerly NRS 171.”
McGeehan v. State, 591 P.2d 265 (Nev. 1979).
“397 and NRS 171.188. Appellant’s assertion that he is financially unable to retain counsel is virtually unrebutted by anything in the record before us.”
— Nev. Rev. Stat. § 171.188(1) — 2 cases
Rodriguez v. Eighth Jud. Dist. Court of State of Nevada, 102 P.3d 41 (Nev. 2004).
“21 Here, Rodriguez filed an affidavit of indigency pursuant to NRS 171.188 of Nevada’s criminal procedure code, outlining his current financial status and attesting to the fact that he is without means to employ an attorney.”
Rodriguez v. Dist. Ct., 102 P.3d 41 (Nev. 2004).
“[21] Here, Rodriguez filed an affidavit of indigency pursuant to NRS 171.188 of Nevada's criminal procedure code, outlining his current financial status and attesting to the fact that he is without means to employ an attorney.”
— Nev. Rev. Stat. § 171.188(3) — 3 cases
Rodriguez v. Eighth Jud. Dist. Court of State of Nevada, 102 P.3d 41 (Nev. 2004).
“21 Here, Rodriguez filed an affidavit of indigency pursuant to NRS 171.188 of Nevada’s criminal procedure code, outlining his current financial status and attesting to the fact that he is without means to employ an attorney.”
Rodriguez v. Dist. Ct., 102 P.3d 41 (Nev. 2004).
“[21] Here, Rodriguez filed an affidavit of indigency pursuant to NRS 171.188 of Nevada's criminal procedure code, outlining his current financial status and attesting to the fact that he is without means to employ an attorney.”
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