Nevada Revised Statutes

Nev. Rev. Stat. § 178.397 (2026)

Assignment of counsel

✓ current as of July 2026
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NRS 178.397  Assignment of counsel.  Every defendant accused of a misdemeanor for which jail time may be imposed, a gross misdemeanor or a felony and who is financially unable to obtain counsel is entitled to have counsel assigned to represent the defendant at every stage of the proceedings from the defendant’s initial appearance before a magistrate or the court through appeal, unless the defendant waives such appointment.

      (Added to NRS by 1967, 1451; A 2019, 2880)

     

Notes of Decisions
Cited in 5 cases, 1979–2008 · leading case: Alabama v. Shelton, 535 U.S. 654 (2002).
Alabama v. Shelton, 535 U.S. 654 (2002). · cites it 4× “2000); Nev. Rev. Stat. §§ 178.397 , 193.120 (2001); N.”
Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008). · cites it 2× “§29– 3902 (1995); (25) Nevada: see Nev. Rev. Stat. §178.397 (2007); (26) New Hampshire: see N.”
Scott v. Illinois, 440 U.S. 367 (1979). · cites it 2× “§ 95-1001 (1969) (court may assign counsel in misdemeanors "in the interest of justice"); Nevada: Nev. Rev. Stat. § 178.397 (1977) (persons accused of "gross misdemeanors" or felonies); New Jersey: N.”
Didomenico v. State, 877 P.2d 1069 (Nev. 1994). · cites it 3× “NRS 178.397 provides that “[e]very defendant accused of a gross misdemeanor or felony who is financially unable to obtain counsel is entitled to have counsel assigned to represent him at every stage of the proceedings from his initial appearance before a magistrate or the court…”
McGeehan v. State, 591 P.2d 265 (Nev. 1979). “S 335 (1963); see NRS 178.397 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.”
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