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Nevada Seeks Non Judicial, Independent Appointment of Public Defenders

The Nevada Supreme Court ordered the creation of an Indigent Defense Commission (IDC) in 2007 to study and make suggestions regarding concerns for the selection, appointment, compensation, qualifications, performance standards and caseloads of public defenders. The Public Defender's Office was ordered to submit independent weighted caseload studies in each of its jurisdictions.

An IDC survey in 2007 resulted in a recommendation for the independently determined and implemented appointment of public defenders and their efficiency and effectiveness, including rural counties' procedural effectiveness.

The Nevada State Supreme Court adopted the IDC's recommendations, holding that such considerations should be "performed by an independent board, agency, or committee, or by judges not directly involved in the case." The court ordered all individual districts to formulate and submit administrative plans excluding trial judges for such public defense determinations and considerations within state and federal constitutional guidelines and the Rules of Professional Conduct by May 1, 2008. The state Public Defender's Office was ordered to submit a weighted caseload study to the court by July 15, 2008, ordering a subsequent hearing on such matters. See: In re The Review of Issues Concerning Representation of Indigent Defendants In Criminal and Juvenile Delinquency Cases, ADKT No. 411 (Nev. Jan. 4, 2008).

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Related legal case

In re The Review of Issues Concerning Representation of Indigent Defendants In Criminal and Juvenile Delinquency Cases

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