Nevada § 41.0347 - Liability of State or political subdivision for failure to provide defense

§ 41.0347. Liability of State or political subdivision for failure to provide defense

1. If the official attorney does not provide for the defense of a present or former

local judicial officer, state judicial officer, officer, employee, immune contractor,

member of a board or commission of the State or any political subdivision or State

Legislator in any civil action in which the State or political subdivision is also

a named defendant, or which was brought in a court other than a court of competent

jurisdiction of this state, and if it is judicially determined that the injuries arose

out of an act or omission of that person during the performance of any duty within

the course and scope of the person's public duty or employment and that the person's

act or omission was not wanton or malicious: (a) If the Attorney General was responsible for providing the defense, the State is

liable to that person for reasonable expenses in prosecuting the person's own defense,

including court costs and attorney's fees. These expenses must be paid, upon approval by the State Board of Examiners, from

the Reserve for Statutory Contingency Account. (b) If the chief legal officer or attorney of a political subdivision was responsible

for providing the defense, the political subdivision is liable to that person for

reasonable expenses in carrying on the person's own defense, including court costs

and attorney's fees. 2. If the official attorney does not provide for the defense of a person who is named

a defendant in any civil action solely because of an alleged act or omission relating

to the public duties or employment of a present or former local judicial officer,

state judicial officer, officer or employee of the State or any political subdivision,

immune contractor or State Legislator and the State or political subdivision is also

named a defendant, or the civil action was brought in a court other than a court of

competent jurisdiction of this State, and if it is judicially determined that the

injuries arose out of an act or omission of a local judicial officer, state judicial

officer, officer or employee of the State or any political subdivision, immune contractor

or State Legislator during the performance of any duty within the course and scope

of such a person's public duty or employment and that the person's act or omission

was not wanton or malicious: (a) If the Attorney General was responsible for providing the defense, the State is

liable to the person for reasonable expenses in prosecuting the person's own defense,

including court costs and attorney's fees. These expenses must be paid, upon approval by the State Board of Examiners, from

the Reserve for Statutory Contingency Account. (b) If the chief legal officer or attorney of a political subdivision was responsible

for providing the defense, the political subdivision is liable to that person for

reasonable expenses in carrying on the person's own defense, including court costs

and attorney's fees.