Nevada Administrative Code Chapter 180 - NEW
Here’s a detailed and up-to-date overview of Nevada Administrative Code (NAC) Chapter 180 – NEW, which governs Indigent Defense Services in the state. The chapter was most recently updated on December 15, 2023 and is currently current through December 31, 2024 (regulations.justia.com).
⚖️ NAC 180 – Key Sections
Section 1: Hourly Compensation for Indigent Defense Attorneys
Attorneys providing indigent defense (court-appointed lawyers, including those handling post-conviction habeas corpus) are entitled to be paid at the prevailing Criminal Justice Act (CJA) Panel rate (regulations.justia.com).
The Executive Director of the Department may authorize higher rates for cases that are complex or in rural areas with limited attorney availability (regulations.justia.com).
Section 11: Board’s Authority on Petitions
The Board may refuse petitions for new or changed regulations if they don’t meet § 10 requirements.
It may also require staff to review petitions formally.
Petitioners must receive written notice of the Board’s or Department’s decision within 90 days of filing (regulations.justia.com).
Section 12: Declaratory Orders and Advisory Opinions
Individuals can petition the Executive Director (or appropriate deputy) for declaratory orders or advisory opinions on statutes, regulations, or departmental decisions, unless the matter is already in litigation (law.cornell.edu).
Petitions must include requester’s details, factual basis, questions to be decided, and relief sought .
Section 17: [Administrative Status]
Section 17 is part of the 2021 and 2023 updates but lacks substantive content on its own (details not fully accessible in the public index) .
Section 21: Design of Indigent Defense Plans
These plans must uphold attorney-client relationship integrity, be free from political or budget influence, and treated equivalently to privately retained counsel (law.cornell.edu).
🗂️ Broader Context & Related Revisions
Chapter Updates: The entire chapter was revised in 2023 by LCB File No. R033-23, and many sections added or clarified as of 12/15/2023 (dids.nv.gov).
Scope of Regulation: NAC 180 supports NRS Chapter 180 (180.320), enforcing policies around qualifications, billing structures, and standards of care for indigent defenders.
Additional Sections: Many parts of Chapter 180 reference detailed requirements—such as educational qualifications, oversight, workload caps, and client protections—as redefined under 2023 updates (R033‑23) (dids.nv.gov).
✅ Summary Table
Section
Focus Area
1
Attorney compensation and rate-setting
11
Petition review process and timeline
12
Guidelines for declaratory/advisory petitions
17
Placeholder in updates (little substantive detail)
21
Standards for indigent defense plans ensuring fairness and independence
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