Nevada Revised Statutes

Nev. Rev. Stat. § 228.120 (2026)

Appearance before grand jury; supervision of district attorneys; prosecution of criminal cases; subpoenas

✓ current as of July 2026

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NRS 228.120 Appearance before grand jury; supervision of district attorneys; prosecution of criminal cases; subpoenas. The Attorney General may:

1. Appear before any grand jury, when in his or her opinion it is necessary, and present evidence of the commission of a crime or violation of any law of this State; examine witnesses before the grand jury, and draw indictments or presentments for the grand jury, and thereafter conduct the proceedings.

2. Exercise supervisory powers over all district attorneys of the State in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge.

3. Appear in, take exclusive charge of and conduct any prosecution in any court of this State for a violation of any law of this State, when in his or her opinion it is necessary, or when requested to do so by the Governor.

4. In any proceeding conducted by a grand jury or in any criminal prosecution in any court, issue subpoenas for witnesses together with any books, memoranda, papers and other documents.

5. When acting pursuant to any provision of law allowing or requiring him or her to act in a criminal matter, institute criminal proceedings:

(a) By filing a complaint in a justice or municipal court, where a misdemeanor is charged; or

(b) By filing a complaint and commencing a preliminary examination where a gross misdemeanor or felony is charged and thereafter filing an information in the district court,

Ê and may conduct those proceedings.

[1:5:1908; RL § 4137; NCL § 7316]—(NRS A 1979, 1093; 1981, 462, 546; 1989, 162)

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1972–2026 · leading case: Ryan v. Eighth Jud. Dist. Ct., in & for Cty. of Clark, 503 P.2d 842 (Nev. 1972).

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Ryan v. Eighth Jud. Dist. Ct., in & for Cty. of Clark, 503 P.2d 842 (Nev. 1972). · cites it 14× “NRS 228.120 (3). This provision, however, contemplates a pending prosecution, since a "prosecution" does not exist until a charge has been filed, and if filed, has not been dismissed.”

Whitehead v. Nevada Comm'n on Jud. Discipline, 878 P.2d 913 (Nev. 1994). · cites it 2× “[3] NRS 228.120(2) states that the attorney general may: Exercise supervisory powers over all district attorneys of the state in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted…”

Lane v. Second Jud. Dist. Court, Washoe Cnty., 760 P.2d 1245 (Nev. 1988). · cites it 2× “The attorney general, *457 under his supervisory powers, could have investigated the matter and, if convinced of wrongdoing, taken it to a grand jury under NRS 228.120(1). As it is, the judge invoked his own jurisdiction, listened to himself as complainant and then adjudicated…”

Martinez v. Clark Cnty., 846 F. Supp. 2d 1131 (D. Nev. 2012). · cites it 3× “Plaintiffs contend that Nevada Revised Statutes § 228.120(3) provides the necessary enforcement power to make the attorney general a proper defendant in this action.”

Nevada Power Co. v. Pub. Utils. Comm'n, 138 P.3d 486 (Nev. 2006). “The Attorney General’s power to issue subpoenas is limited to the three circum *840 stances detailed in NRS 228.120(4), NRS 616D.610, and NRS 598.”

Webb v. State, 538 P.2d 164 (Nev. 1975). “1 NRS 228.120(3): “The attorney general shall have the power: “3.”

Thurston v. Robison, 603 F. Supp. 336 (D. Nev. 1985). “See NRS 228.120. Therefore, Thurston’s claims against Attorney General McKay for damages is dismissed.”

Junior v. State, 537 P.2d 1204 (Nev. 1975). “1 NRS 228.120(3): “The attorney general shall have the power: “3.”

State, Off. of the Attorney Gen. Vs. Just. Ct. (escalante), 2017 NV 12 (Nev. 2017). · cites it 4× “5 5We note that, under NRS 228.120, the AG may "[e]xercise supervisory powers over all district attorneys of the State in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to…”

Lane v. Second Jud. Dist., Washoe Cnty., 760 P.2d 1245 (Nev. 1988). · cites it 2× “The attorney general, under his supervisory powers, could have investigated the matter and, if convinced of wrongdoing, taken it to a grand jury under NRS 228.120(1). As it is, the judge invoked his own jurisdiction, listened to himself as complainant and then adjudicated the…”

State, Off. of the Attorney Gen. Vs. Just. Ct. (escalante), 2017 NV 12 (Nev. 2017). · cites it 2× “5 5We note that, under NRS 228.120, the AG may "[e]xercise supervisory powers over all district attorneys of the State in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to…”

Caruso (Samuel) v. Dist. Ct. (State) (Nev. 2022). · cites it 2× “5, § 22 (establishing the office of attorney general under the executive branch); NRS 228.120(2)-(3) (granting the attorney general supervisory powers over all district attorneys and the authority to take charge of any prosecution).”

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— Nev. Rev. Stat. § 228.120(1) — 2 cases

Lane v. Second Jud. Dist. Court, Washoe Cnty., 760 P.2d 1245 (Nev. 1988). “The attorney general, *457 under his supervisory powers, could have investigated the matter and, if convinced of wrongdoing, taken it to a grand jury under NRS 228.120(1). As it is, the judge invoked his own jurisdiction, listened to himself as complainant and then adjudicated…”

Lane v. Second Jud. Dist., Washoe Cnty., 760 P.2d 1245 (Nev. 1988). “The attorney general, under his supervisory powers, could have investigated the matter and, if convinced of wrongdoing, taken it to a grand jury under NRS 228.120(1). As it is, the judge invoked his own jurisdiction, listened to himself as complainant and then adjudicated the…”

— Nev. Rev. Stat. § 228.120(2) — 6 cases

Whitehead v. Nevada Comm'n on Jud. Discipline, 878 P.2d 913 (Nev. 1994). “[3] NRS 228.120(2) states that the attorney general may: Exercise supervisory powers over all district attorneys of the state in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted…”

Ryan v. Eighth Jud. Dist. Ct., in & for Cty. of Clark, 503 P.2d 842 (Nev. 1972). “NRS 228.120 (3). This provision, however, contemplates a pending prosecution, since a "prosecution" does not exist until a charge has been filed, and if filed, has not been dismissed.”

Caruso (Samuel) v. Dist. Ct. (State) (Nev. 2022). “5, § 22 (establishing the office of attorney general under the executive branch); NRS 228.120(2)-(3) (granting the attorney general supervisory powers over all district attorneys and the authority to take charge of any prosecution).”

Planned Parenthood Mar Monte, Inc. v. State of Nev. (civil), 142 Nev. Adv. Op. No. 40 (Nev. 2026).

— Nev. Rev. Stat. § 228.120(3) — 4 cases

Martinez v. Clark Cnty., 846 F. Supp. 2d 1131 (D. Nev. 2012). “Plaintiffs contend that Nevada Revised Statutes § 228.120(3) provides the necessary enforcement power to make the attorney general a proper defendant in this action.”

Webb v. State, 538 P.2d 164 (Nev. 1975). “1 NRS 228.120(3): “The attorney general shall have the power: “3.”

Junior v. State, 537 P.2d 1204 (Nev. 1975). “1 NRS 228.120(3): “The attorney general shall have the power: “3.”

— Nev. Rev. Stat. § 228.120(4) — 1 case

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