Nev. Rev. Stat. § 228.120
Appearance before grand jury; supervision of district attorneys; prosecution of criminal cases; subpoenas
Find cases:
SyfertCases citing this section
NRSleg.state.nv.us (official)
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
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 JUDICIAL DIST. CT., IN & FOR CTY. OF CLARK
Ryan v. EIGHTH JUDICIAL DIST. CT., IN & FOR CTY. OF CLARK (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.”
Whitehead v. Nevada Commission on Judicial Discipline (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…”
Lane v. Second Judicial District Court, Washoe County (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…”
Martinez v. Clark County (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.”
Nevada Power Co. v. Public Utilities Commission (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 (1975)
“1 NRS 228.120(3): “The attorney general shall have the power: “3.”
Thurston v. Robison (1985)
“See NRS 228.120. Therefore, Thurston’s claims against Attorney General McKay for damages is dismissed.”
Junior v. State (1975)
“1 NRS 228.120(3): “The attorney general shall have the power: “3.”
STATE, OFFICE OF THE ATTORNEY GEN. VS. JUSTICE CT. (ESCALANTE) (2017)
“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 COUNTY (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…”
STATE, OFFICE OF THE ATTORNEY GEN. VS. JUSTICE CT. (ESCALANTE) (2017)
“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) (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).”
— Nev. Rev. Stat. § 228.120(1) — 2 cases
Lane v. Second Judicial District Court, Washoe County (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 COUNTY (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 Commission on Judicial Discipline (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 JUDICIAL DIST. CT., IN & FOR CTY. OF CLARK (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.”
Lane v. Second Judicial District Court, Washoe County (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…”
Caruso (Samuel) v. Dist. Ct. (State) (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).”
— Nev. Rev. Stat. § 228.120(3) — 4 cases
Ryan v. EIGHTH JUDICIAL DIST. CT., IN & FOR CTY. OF CLARK (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.”
Martinez v. Clark County (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 (1975)
“1 NRS 228.120(3): “The attorney general shall have the power: “3.”
Junior v. State (1975)
“1 NRS 228.120(3): “The attorney general shall have the power: “3.”
— Nev. Rev. Stat. § 228.120(4) — 1 case
Nevada Power Co. v. Public Utilities Commission (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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.