1. If the district attorney dies, resigns, is removed, disappears or is permanently disabled from performing the duties of his or her office, the board of county commissioners shall appoint an interim or permanent replacement for the district attorney.
2. If the district attorney is temporarily disabled from performing the duties of his or her office:
(a) The chief deputy district attorney shall perform the duties of the district attorney while the district attorney is disabled. The chief deputy is entitled to the chief deputy’s regular salary while engaged in the performance of those duties.
(b) If there is no chief deputy, the board of county commissioners shall appoint an interim replacement for the district attorney.
3. A person appointed as an interim or permanent replacement for the district attorney pursuant to this section must be appointed at the first regularly scheduled meeting of the board of county commissioners following the event giving rise to the appointment. Any such event occurring within the time provided by NRS 241.020 for notice of the meeting is an emergency within the meaning of that section.
4. A person appointed as an interim replacement for the district attorney pursuant to this section:
(a) Is entitled to receive the same salary as the district attorney.
(b) Shall:
(1) If he or she is appointed pursuant to subsection 1, serve for not more than 60 days or until a permanent replacement is appointed, whichever occurs first.
(2) If he or she is appointed pursuant to subsection 2, serve for the duration of the disability of the district attorney or, if the district attorney resigns or is removed from office, for not more than 60 days after the resignation or removal or until a permanent replacement is appointed, whichever occurs first.
(c) May engage in the private practice of law for not more than 60 days after his or her appointment, to the extent permitted by NRS 245.0435. The limitation of time provided by this paragraph does not apply in any county of class 6, as classified in the table of annual salaries contained in NRS 245.043.
5. The provisions of NRS 245.170 govern the appointment of a permanent replacement for the district attorney, the length of service of the appointee and the election of a successor.
[16:125:1865; B § 2950; BH § 2118; C § 2310; RL § 1607; NCL § 2085]—(NRS A 1991, 103; 1995, 2520; 2013, 474)
Structure Nevada Revised Statutes
Chapter 252 - District Attorneys
NRS 252.020 - Election; term of office.
NRS 252.060 - Filling of vacancy in office; temporary disablement.
NRS 252.070 - Deputies; clerical, investigational and operational staff.
NRS 252.080 - Public prosecutor.
NRS 252.090 - Attendance of courts in county.
NRS 252.130 - Receipts for money or property received in official capacity.
NRS 252.140 - Accounting and payment of money to county treasurer.
NRS 252.150 - Action by county treasurer when district attorney fails to account.
NRS 252.160 - Rendition of legal opinions to county, township and district officers.
NRS 252.170 - Attendance at certain meetings of board of county commissioners; duties.
NRS 252.180 - Restrictions on presentation of claims against county.
NRS 252.190 - Penalty for malfeasance in office or neglect of duty.