Nevada § 228.130 - District attorney may request assistance from Attorney General in criminal cases; compensation; appointment of special prosecutor under certain circumstances

§ 228.130. District attorney may request assistance from Attorney General in criminal cases; compensation; appointment of special prosecutor under certain circumstances

1. A district attorney may request the Office of the Attorney General to provide assistance

in presenting a criminal case before a committing magistrate, grand jury or district

court. Before the Office of the Attorney General may provide such assistance, the Office

of the Attorney General must inform the district attorney whether the Office of the

Attorney General will request reimbursement for any expenses authorized pursuant to

this section and incurred in providing the assistance. If the Office of the Attorney General will request reimbursement for any such expenses,

the district attorney must, before the Office of the Attorney General provides such

assistance, present his or her reasons for making the request to the board of county

commissioners of his or her county and have the board adopt a resolution joining in

the request for the Office of the Attorney General to provide assistance to the district

attorney in the criminal case. 2. If a board of county commissioners adopts a resolution joining in a request pursuant

to subsection 1, the board of county commissioners shall, upon the presentation to

the board of a duly verified claim setting forth the expenses incurred, pay from the

general funds of the county the actual and necessary traveling expenses of the Attorney

General or his or her deputy attorney general or his or her special investigator,

as applicable, to the place where such proceedings are held and return therefrom,

and also pay the amount of money actually expended by such person for board and lodging

from the date such person leaves until the date he or she returns to the Office of

the Attorney General. 3. This section must not be construed as directing or requiring the Attorney General

to appear in any criminal cases concerning which the district attorney has requested

assistance, but in acting upon any such request the Attorney General may exercise

his or her discretion, and his or her judgment in such matters is final. 4. In addition to any payment of expenses pursuant to subsection 2, the Attorney General

may charge for the costs of providing assistance in the prosecution of a category

A or B felony pursuant to this section. Such costs must be agreed upon by the Attorney General and the district attorney

for the county for which the Attorney General provides assistance. 5. If the Attorney General: (a) Is requested, pursuant to subsection 1, to provide assistance to a district attorney

in the presentation of a criminal case before a committing magistrate, grand jury

or district court; and (b) Determines at any time before trial that it is impracticable or uneconomical or

could constitute a conflict of interest for the Attorney General or a deputy attorney

general to provide such assistance, the Attorney General may, with the concurrence of the board of county commissioners

and the district attorney, appoint a special prosecutor to present the criminal case. 6. Except as otherwise provided in subsection 7, compensation for a special prosecutor

appointed pursuant to subsection 5 must be fixed by the Attorney General, subject

to the approval of the State Board of Examiners. 7. For the prosecution of a category A or B felony, compensation and other terms and

conditions must be agreed upon by the Attorney General and the district attorney of

the county for which the special prosecutor is appointed to provide assistance.