Nev. Rev. Stat. § 228.175

Investigation and prosecution of offense by state officer or employee

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NRS 228.175 Investigation and prosecution of offense by state officer or employee.

1. As used in this section “state officer or employee” means an elected officer of the State or any state officer or employee who is compensated from the State Treasury.

2. The Attorney General has primary jurisdiction to investigate and prosecute criminal offenses committed by state officers or employees in the course of their duties or arising out of circumstances related to their positions.

3. A district attorney may investigate an offense specified in subsection 2 if:

(a) The Attorney General has stated in writing to the district attorney that the Attorney General does not intend to act in the matter; or

(b) The district attorney has inquired in writing of the Attorney General whether the Attorney General will act in the matter, and:

(1) The district attorney has not received an answer in writing to his or her inquiry within 30 days after making it; or

(2) The Attorney General has stated in writing to the district attorney that he or she will act in the matter and has not filed a criminal action in the matter within 90 days after making the statement.

4. When he or she is acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action without leave of court, and he or she has exclusive charge of the conduct of the prosecution.

5. The fact that the Attorney General or a district attorney has not complied with any provision of this section is not a defense in a criminal action.

(Added to NRS by 1981, 1250)

Notes of Decisions

Cited in 3 cases, 1994–2006 · leading case: Whitehead v. Nevada Commission on Judicial Discipline

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Whitehead v. Nevada Commission on Judicial Discipline (1994) nev · cites it 2× “1, entitled "Need for Independence," provides that "[t]he commission should be independent of and free from interference from the executive or legislative branches and, although operating within the judicial branch, should report only to the supreme court.”

Del Papa v. Board of Regents of the University & Community College System (1998) nev · cites it 2× “" The Attorney General responded to the formal charges in writing declaring that NRS 228.175 "establishes criminal jurisdiction in the office of the Attorney General over offenses committed in the course and scope of a state official's employment or arising out of circumstances…”

Dias v. Elique (2006) ca9 “On Sep- tember 17, 2001, the matter was referred to the Nevada Attor- ney General’s Office, which is responsible for investigating and prosecuting crimes committed by state employees under Nev. Rev. Stat. § 228.175 . On November 27, 2001, the Attor- ney General’s Office arranged…”

— Nev. Rev. Stat. § 228.175(2) — 1 case

Whitehead v. Nevada Commission on Judicial Discipline (1994) nev “1, entitled "Need for Independence," provides that "[t]he commission should be independent of and free from interference from the executive or legislative branches and, although operating within the judicial branch, should report only to the supreme court.”

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