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

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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,

Ê 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.