1. Any defendant charged with a public offense who is an indigent may, by oral statement to the district judge, justice of the peace, municipal judge or master, request the appointment of an attorney to represent the defendant. The record in each such case must indicate that the defendant was provided an opportunity to make an oral statement and whether the defendant made such a statement or declined to request the appointment of an attorney. If the defendant declined to request the appointment of an attorney, the record must also indicate that the decision to decline was made knowingly and voluntarily and with an understanding of the consequences.
2. The request must be accompanied by the defendant’s affidavit, which must state:
(a) That the defendant is without means of employing an attorney; and
(b) Facts with some particularity, definiteness and certainty concerning the defendant’s financial disability.
3. The district judge, justice of the peace, municipal judge or master shall forthwith consider the application and shall make such further inquiry as he or she considers necessary. If the district judge, justice of the peace, municipal judge or master:
(a) Finds that the defendant is without means of employing an attorney; and
(b) Otherwise determines that representation is required,
the judge, justice or master shall designate the public defender of the county or the State Public Defender, as appropriate, to represent the defendant.
4. If the appropriate public defender is unable to represent the defendant, or other good cause appears, the judge, justice or master shall order the appointment of another attorney and refer the selection of the attorney:
(a) In a county whose population is less than 100,000, to the Department of Indigent Defense Services or its designee in compliance with the plan of the county for the provision of indigent defense services; or
(b) 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.
5. The county or State Public Defender must be reimbursed by the city for costs incurred in appearing in municipal court. The county shall reimburse the State Public Defender for costs incurred in appearing in Justice Court, unless the county has transferred the responsibility to provide all indigent defense services for the county to the State Public Defender pursuant to NRS 180.450. If a private attorney is appointed as provided in this section, the private attorney must be reimbursed by the county for appearance in Justice Court or the city for appearance in municipal court.
(Added to NRS by 1967, 1405; A 1969, 478; 1971, 1412; 1973, 357; 1977, 1571; 1983, 901; 2019, 2879; 2021, 2266)
Structure Nevada Revised Statutes
Chapter 171 - Proceedings to Commitment
NRS 171.010 - Jurisdiction of offense committed in State.
NRS 171.020 - Act within this State culminating in crime in this or another state.
NRS 171.025 - Death by dueling.
NRS 171.030 - Offense committed partly in one county and partly in another.
NRS 171.035 - Offense committed on or near boundary.
NRS 171.045 - Offenses concerning animals ranging in two or more counties.
NRS 171.055 - Bigamy and incest.
NRS 171.075 - Conviction or acquittal in another county is bar where venue is concurrent.
NRS 171.079 - Text of Compact.
NRS 171.085 - Limitations for felonies.
NRS 171.090 - Limitations for gross and simple misdemeanors.
NRS 171.100 - Indictment found when it is presented and filed.
NRS 171.101 - "No-knock warrant" defined.
NRS 171.102 - Complaint defined; oath or declaration required.
NRS 171.103 - Court clerk may accept complaint filed electronically; procedure; service.
NRS 171.104 - Arrest defined; by whom made.
NRS 171.108 - Contents of warrant of arrest.
NRS 171.112 - Contents of summons.
NRS 171.114 - Execution of warrant and service of summons: By whom.
NRS 171.116 - When magistrate may depute person to act as constable.
NRS 171.118 - Execution of warrant and service of summons: Territorial limits.
NRS 171.1225 - Peace officer to provide information to suspected victims of domestic violence.
NRS 171.1231 - Arrest if probable cause appears.
NRS 171.1232 - Search to ascertain presence of dangerous weapon; seizure of weapon or evidence.
NRS 171.1233 - Recording of law enforcement activity.
NRS 171.124 - Arrest by peace officer or officer of Drug Enforcement Administration.
NRS 171.1245 - Arrest by agent of Federal Bureau of Investigation or Secret Service.
NRS 171.1257 - Arrest by postal inspector of United States Postal Inspection Service.
NRS 171.126 - Arrest by private person.
NRS 171.132 - Person making arrest may summon assistance.
NRS 171.136 - When arrest may be made.
NRS 171.137 - Arrest required for suspected battery constituting domestic violence; exceptions.
NRS 171.1375 - Arrest of person suspected of battery upon certain persons.
NRS 171.138 - Breaking open door or window: Making arrest.
NRS 171.142 - Breaking open door or window: Upon detention after making arrest.
NRS 171.144 - Breaking open door or window: Retaking person arrested.
NRS 171.1455 - Use of deadly force to effect arrest: Limitations.
NRS 171.146 - Weapon may be taken from person arrested.
NRS 171.148 - Warrant of arrest by telegram authorized.
NRS 171.153 - Right of person arrested to make telephone calls.
NRS 171.1536 - Arrest of person with communications disability: Interpreter to be made available.
NRS 171.1537 - Arrest of person with disability: Right to communicate by mail or telephone.
NRS 171.158 - Arrests within this State by foreign officers; hearing before magistrate.
NRS 171.162 - Duty of Secretary of State.
NRS 171.172 - When officer may arrest.
NRS 171.174 - Procedure after arrest.
NRS 171.177 - When person detained must be taken before magistrate.
NRS 171.1771 - Issuance of citation when person detained by peace officer.
NRS 171.1772 - Issuance of citation after arrest by private person.
NRS 171.1773 - Form and contents of citation: When person detained by peace officer.
NRS 171.1774 - Form and contents of citation: When issued after arrest by private person.
NRS 171.1777 - Issued citations: Audit of records.
NRS 171.1778 - Citation filed with court deemed complaint for purpose of prosecution.
NRS 171.1779 - NRS 171.177 to 171.1779, inclusive, not applicable to violations of traffic laws.
NRS 171.178 - Appearance before magistrate; release from custody by arresting officer.
NRS 171.182 - Proceedings before another magistrate.
NRS 171.184 - Proceedings upon complaint for offenses triable in another county.
NRS 171.1845 - Proceedings upon discovery of another arrest warrant outstanding in another county.
NRS 171.186 - Rights of defendant before preliminary examination.
NRS 171.188 - Procedure for appointment of attorney for indigent defendant.
NRS 171.192 - Certification of bail; discharge of defendant.
NRS 171.194 - Procedure when arrest for capital offense.
NRS 171.198 - Reporting testimony of witnesses.
NRS 171.204 - Exclusion of persons; exceptions.