Nev. Rev. Stat. § 173.065

Judge may require Attorney General to prosecute if district attorney refuses

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NRS 173.065 Judge may require Attorney General to prosecute if district attorney refuses. The judge of the court having jurisdiction may in extreme cases, upon affidavit filed with the judge of the commission of a crime, require all available evidence to be delivered to the Attorney General for prosecution, if the district attorney refuses to prosecute any person for such crime.

(Added to NRS by 1967, 1413)

FORM AND AMENDMENT

Notes of Decisions

Cited in 3 cases, 1972–1988 · leading case: Ryan v. EIGHTH JUDICIAL DIST. CT., IN & FOR CTY. OF CLARK

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Ryan v. EIGHTH JUDICIAL DIST. CT., IN & FOR CTY. OF CLARK (1972) nev · cites it 6× “NRS 173.065. The district attorney through the board of county commissioners may request the assistance of the attorney general to prosecute.”

Lane v. Second Judicial District Court, Washoe County (1988) nev · cites it 3× “Petitioner further contends that, should the district attorney refuse to resubmit this matter to the grand jury, under NRS 173.065 the prosecutorial responsibility for the case remains with the executive branch rather than with a “special prosecutor” selected by the district…”

Lane v. SECOND JUD. DIST., WASHOE COUNTY (1988) nev · cites it 3× “Petitioner further contends that, should the district attorney refuse to resubmit this matter to the grand jury, under NRS 173.065 the prosecutorial responsibility for the case remains with the executive branch rather than with a "special prosecutor" selected by the district…”

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