NRS
252.070 Deputies; clerical, investigational and operational staff.
1. All district attorneys may appoint
deputies, who are authorized to transact all official business relating to
those duties of the office set forth in NRS
252.080 and 252.090 to the same
extent as their principals and perform such other duties as the district
attorney may from time to time direct. The appointment of a deputy district
attorney must not be construed to confer upon that deputy policymaking
authority for the office of the district attorney or the county by which the
deputy district attorney is employed.
2. District attorneys are responsible on
their official bonds for all official malfeasance or nonfeasance of the
deputies. Bonds for the faithful performance of their official duties may be
required of deputies by district attorneys.
3. All appointments of deputies under the
provisions of this section must be in writing and must, together with the oath
of office of the deputies, be recorded in the office of the recorder of the
county within which the district attorney legally holds and exercises his or her
office. Revocations of those appointments must also be recorded as provided in
this section. From the time of the recording of the appointments or revocations
therein, persons shall be deemed to have notice of the appointments or
revocations.
4. Deputy district attorneys of counties
whose population is less than 100,000 may engage in the private practice of
law. In any other county, except as otherwise provided in NRS 7.065 and this subsection, deputy
district attorneys shall not engage in the private practice of law. An attorney
appointed to prosecute a person for a limited duration with limited
jurisdiction may engage in private practice which does not present a conflict
with his or her appointment.
5. Any district attorney may, subject to
the approval of the board of county commissioners, appoint such clerical,
investigational and operational staff as the execution of duties and the
operation of his or her office may require. The compensation of any person so
appointed must be fixed by the board of county commissioners.
6. In a county whose population is 700,000
or more, deputies are governed by the merit personnel system of the county.
[Part 1:101:1864; A 1905,
33; 1913,
108; 1919 RL § 2848; NCL § 4848] + [2:101:1864; B § 3068; BH § 2280; C §
2452; RL § 2849; NCL § 4849] + [3:101:1864; B § 3069; BH § 2281; C § 2453; RL §
2850; NCL § 4850]—(NRS A 1961,
215; 1969,
1465; 1973,
678; 1979,
523; 1985,
260; 1989,
203; 1993,
2088, 2259,
2529;
1995,
675; 2001,
1745; 2005,
682; 2011,
1128)
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1977–2021 · leading case:
Brimmage v. State, 567 P.2d 54 (Nev. 1977).
Brimmage v. State, 567 P.2d 54 (Nev. 1977).
· cites it 3× “” Here, Jeffers had been appointed a Lincoln County deputy district attorney by that county’s district attorney, had taken the oath of office of deputy district attorney for Lincoln County which was filed with the recorder (NRS 252.”
In Re: Discipline of Christopher R. Arabia, 2021 NV 59 (Nev. 2021).
· cites it 2× “They advised that the review process did not apply to Nye County deputy district attorneys, whose employment was at will and whose hiring and firing NRS 252.070 made the district attorney's prerogative, exclusively.”
State v. Eighth Jud. Dist. Ct. (Zogheib), 2014 NV 18 (Nev. 2014).
· cites it 4× “045; NRS 252.070(1). But the chief deputy involved in Collier had much more hands-on responsibility for the cases handled by the office than the district attorney in this case does.”
Floyd (Zane) Vs. Dist. Ct. (State) (Nev. 2021).
· cites it 2× “And as the officer with policymaking authority for his office, NRS 252.070(1), he is permitted to speak publicly about pending criminal legislation.”
State v. Dist. Ct. (Ghani) (Nev. 2013).
· cites it 2× “045; NRS 252.070(1). We disagree with the district court that this case is different than the situation presented in Collier.”
Quisano v. State, 2016 NV 9 (Nev. 2016).
“See NRS 252.070(1) (referring to "policymaking authority for the office of the district attorney").”
Quisano (jonathan) Vs. State, 2016 NV 9 (Nev. 2016).
“Under Nevada law, the elected district attorney is the public prosecutor within each county.”
Quisano (jonathan) Vs. State, 2016 NV 9 (Nev. 2016).
“Under Nevada law, the elected district attorney is the public prosecutor within each county.”
Quisano v. State (Nev. 2016).
“Under Nevada law, the elected district attorney is the public prosecutor within each county.”
Quisano v. State (Nev. 2016).
“Under Nevada law, the elected district attorney is the public prosecutor within each county.”
Regan (Quang) v. State (Nev. 2013).
“While it is true that the district attorney is responsible for deciding the overall policy of the office, consistent with NRS 252.070(1), the deputies appointed by the district attorney handle the day-to-day operations of the divisions of the office and make decisions regarding…”
— Nev. Rev. Stat. § 252.070(1) — 12 cases
Brimmage v. State, 567 P.2d 54 (Nev. 1977).
“” Here, Jeffers had been appointed a Lincoln County deputy district attorney by that county’s district attorney, had taken the oath of office of deputy district attorney for Lincoln County which was filed with the recorder (NRS 252.”
State v. Eighth Jud. Dist. Ct. (Zogheib), 2014 NV 18 (Nev. 2014).
“045; NRS 252.070(1). But the chief deputy involved in Collier had much more hands-on responsibility for the cases handled by the office than the district attorney in this case does.”
Floyd (Zane) Vs. Dist. Ct. (State) (Nev. 2021).
“And as the officer with policymaking authority for his office, NRS 252.070(1), he is permitted to speak publicly about pending criminal legislation.”
State v. Dist. Ct. (Ghani) (Nev. 2013).
“045; NRS 252.070(1). We disagree with the district court that this case is different than the situation presented in Collier.”
Quisano v. State, 2016 NV 9 (Nev. 2016).
“See NRS 252.070(1) (referring to "policymaking authority for the office of the district attorney").”
— Nev. Rev. Stat. § 252.070(3) — 1 case
Brimmage v. State, 567 P.2d 54 (Nev. 1977).
“” Here, Jeffers had been appointed a Lincoln County deputy district attorney by that county’s district attorney, had taken the oath of office of deputy district attorney for Lincoln County which was filed with the recorder (NRS 252.”
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