NRS
172.239 Legal counsel for certain persons who appear before grand jury.
1. A person whose indictment the district
attorney intends to seek or the grand jury on its own motion intends to return
may be accompanied by legal counsel during any appearance before the grand
jury.
2. The legal counsel who accompanies a
person pursuant to subsection 1 may advise his or her client but shall not:
(a) Address directly the members of the grand
jury;
(b) Speak in such a manner as to be heard by the
members of the grand jury; or
(c) In any other way participate in the
proceedings of the grand jury.
3. The court or the foreman of the grand
jury may have the legal counsel removed if the legal counsel violates any of
the provisions of subsection 2 or in any other way disrupts the proceedings of
the grand jury.
4. The district attorney or the foreman of
the grand jury shall give a person entitled to legal counsel notice of the
provisions of this section at the time the person is served with a subpoena to
appear before the grand jury. If such a person is invited without process to
appear, the grand jury shall include with the invitation notice of the
provisions of this section.
(Added to NRS by 1985,
554)
Notes of Decisions
Sheriff, Clark Cnty. v. Warner, 926 P.2d 775 (Nev. 1996).
· cites it 2× “" NRS 172.239(1) (emphasis added). This court has refused to extend the right to court-appointed counsel to a person who is the target of a grand jury investigation.”
Sheriff v. Bright, 835 P.2d 782 (Nev. 1992).
· cites it 2× “NRS 172.239. The district court determined that these additional provisions which apply to grand jury targets in Nevada translate into a signal that the grand jury is a critical stage of the prosecution, thereby triggering the right to counsel.”
Rugamas v. Eighth Jud. Dist. Ct. (Nev. 2013).
“235; NRS 172.239. Thus, whereas NRS 51.385 contemplates notice to the defendant, a ruling by a court as a precondition to admissibility, and a vigorous contest regarding the reliability of the child-victim's statements, the structure of the grand jury proceeding allows for none…”
— Nev. Rev. Stat. § 172.239(1) — 1 case
Sheriff, Clark Cnty. v. Warner, 926 P.2d 775 (Nev. 1996).
“" NRS 172.239(1) (emphasis added). This court has refused to extend the right to court-appointed counsel to a person who is the target of a grand jury investigation.”
— Nev. Rev. Stat. § 172.239(4) — 1 case
Sheriff v. Bright, 835 P.2d 782 (Nev. 1992).
“NRS 172.239. The district court determined that these additional provisions which apply to grand jury targets in Nevada translate into a signal that the grand jury is a critical stage of the prosecution, thereby triggering the right to counsel.”
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