Nevada Revised Statutes
Nev. Rev. Stat. § 7.115 (2026)
Appointment of attorney other than public defender prohibited unless public defender disqualified; procedure when public defender disqualified
✓ current as of July 2026
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NRS 7.115 Appointment of attorney other than public defender prohibited
unless public defender disqualified; procedure when public defender
disqualified. A magistrate, master
or district court shall not order the appointment of an attorney other than a
public defender to represent a person charged with any offense or delinquent
act by petition, indictment or information unless the magistrate, master or
district court makes a finding, entered into the record of the case, that the
public defender is disqualified from furnishing the representation and sets
forth the reasons for the disqualification. If the public defender is
disqualified, the magistrate, master or district court shall, after making a
finding of the disqualification on the record and the reasons therefor, refer the
selection of the attorney:
1. In a county whose population is less than 100,000, to the Department or its designee in compliance with the plan of the county for the provision of indigent defense services; or
2. In a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services.
(Added to NRS by 1975, 1156; A 1995, 921; 2021, 2263)
Notes of Decisions
Cited in 2
cases, 1983–2013 · leading case: Koza v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 665 P.2d 244 (Nev. 1983).
Koza v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 665 P.2d 244 (Nev. 1983). “NRS 7.115. 6 Although not conclusive, defense counsel’s representations as an officer of the court should be regarded with deference.”
Washoe Co. Pub. Def.'s Off. v. Dist. Ct. (Gammick) (Nev. 2013). “SUPREME COURT OF NEVADA 3 (0) 1947A NRS 7.115, NRS 171.188, and NRS 260.060 address the appointment of counsel for indigent criminal defendants.”
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