Nev. Rev. Stat. » NRS: CHAPTER 41 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PERSONS

Nev. Rev. Stat. § 41.0339

Circumstances under which official attorney to provide defense or employ special counsel

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NRS 41.0339  Circumstances under which official attorney to provide defense or employ special counsel.

      1.  The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator in any civil action brought against that person based on any alleged act or omission relating to the person’s public duties or employment, or any other person who is named as a defendant in a civil action solely because of an alleged act or omission relating to the public duties or employment of a local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator, if:

      (a) Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, the person submits a written request for defense:

             (1) To the official attorney; or

             (2) If the officer, employee or immune contractor has an administrative superior, to the administrator of the person’s agency and the official attorney; and

      (b) The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty or employment and appears to have been performed or omitted in good faith.

      2.  If the official attorney determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the official attorney or a deputy of the official attorney, the official attorney must employ special counsel pursuant to NRS 41.03435 or 41.0344, whichever is applicable.

      (Added to NRS by 1979, 1733; A 1987, 541; 2013, 1495)

     

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1985–2025 · 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× “See NRS 41.0339. In all branches of government, decision makers, and not their legal advisors, take responsibility for the decisions they make.”
Kille Sr v. Nevada Department of Public Safety (2020) nvd · cites it 6× “Plaintiff also notes that the Office of the 23 Attorney General repeatedly cites the wrong statute regarding the need for written 24 representation and correctly notes that the Office should be citing NRS § 41.”
Williams v. UNIVERSITY MEDICAL CTR. OF SOUTHERN NV (2010) nvd “) To justify payment of these fees, Kathleen Silver, CEO of UMC, cited to Nevada Revised Statutes § 41.0339, which provides that the District Attorney "shall provide for the defense .”
Polk v. Carpenter (2019) nvd · cites it 3× “3 NRS 41.0339 requires the Attorney General’s Office to provide representation to employees anc 4 || former employees of the State who are sued for actions taken as part of their official job duties.”
Joshua v. Oliver (2024) nvd · cites it 3× “Plaintiff argues that “[w]hen a correctional officer acts in bad faith he/she should not 23 receive representation by the Attorney General’s Office.”
Crockford v. Clark County Department of Family Services (2025) nvd · cites it 3× “19 36 Nev. Rev. Stat. § 41.0339 (1). 37 ECF No.”
Garcia v. State of Nevada (2019) nvd · cites it 2× “See Nev. Rev. Stat. § 41.0339 . These individual 7|| defendants therefore have not been properly served because Garcia has not served them by 8] (1) delivering a copy of the summons and complaint to the individual, (2) leaving a copy of the 9|| summons and complaint at the…”
Aubert v. Dzurenda (2020) nvd “NRS 41.0339; Dunkley v. Shoemate, 505 S.E.”
Mitchell Jr v. Borrowman (2021) nvd “John Borrowman still has 18 not returned his request for representation, thus NRS 41.0339(1)(a) prohibits the Office 19 from answering on Borrowman’s behalf.”
Shahroki v. Hardesty (2022) nvd “§ 41.0339(1) 20 (stating that the attorney general “shall provide for the defense, including the defense of cross- 21 claims and counterclaims, of any present or former local judicial officer, state judicial officer, 22 officer or employee of the State or a political…”
Mahmoud v. Sisolak (2024) nvd “It is the Attorney General’s position that it has neither any authority under state 13 law, and that its attorneys may run afoul of the Rules of Professional Conduct, should it 14 take steps to retain a Special Administrator on behalf of Mr. Martin, as neither the Office 15 nor…”
Horning v. County of Washoe (1985) nvd “Nevada statute, NRS 41.0339 and 41.-0347, required the County to defend its employees against any civil action arising out of the performance of their duties, if the employees’ acts were not wanton or malicious.”
— Nev. Rev. Stat. § 41.0339(1) — 2 cases
Shahroki v. Hardesty (2022) nvd “§ 41.0339(1) 20 (stating that the attorney general “shall provide for the defense, including the defense of cross- 21 claims and counterclaims, of any present or former local judicial officer, state judicial officer, 22 officer or employee of the State or a political…”
Mahmoud v. Sisolak (2024) nvd “It is the Attorney General’s position that it has neither any authority under state 13 law, and that its attorneys may run afoul of the Rules of Professional Conduct, should it 14 take steps to retain a Special Administrator on behalf of Mr. Martin, as neither the Office 15 nor…”
— Nev. Rev. Stat. § 41.0339(1)(a) — 1 case
Mitchell Jr v. Borrowman (2021) nvd “John Borrowman still has 18 not returned his request for representation, thus NRS 41.0339(1)(a) prohibits the Office 19 from answering on Borrowman’s behalf.”
— Nev. Rev. Stat. § 41.0339(1)(a)(1) — 1 case
Kille Sr v. Nevada Department of Public Safety (2020) nvd “Plaintiff also notes that the Office of the 23 Attorney General repeatedly cites the wrong statute regarding the need for written 24 representation and correctly notes that the Office should be citing NRS § 41.”
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