SB 34 — Revises provisions relating to legal representation in certain actions or proceedings. (BDR 3-422)

(ReprintedSenate withBill amendmentsNo. adopted on April 13, 2023) FIRST REPRINT S.B.

3434–Committee Son ENATEJudiciary BCHAPTER.......... ILLN O.

34–COMMITTEE ON JUDICIARY (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to legal representation in certain actions or proceedings.

(BDR 3-422) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

revising provisions relating to special counsel employed by the Attorney General;

LegislativeLegiExisting Counsel’slaw Digest:requires the Attorney General or the chief legal officer or other authorized representative of a political subdivision of this State to provide legal counsel to certain officers or employees of the State or a political subdivision of the State who are named as defendants in a civil action and certain other persons who are not officers or employees of the State or a political subdivision.

Existing law requires the Attorney General or the chief legal officer or other counsel to certain officers or employees of the State or a political subdivision of the State who are named as defendants in a civil action and certain other persons who are not officers or employees of the State or a political subdivision.

(NRS 41.0339) Section 1 of this bill authorizes the Attorney General or the chief legal officer or other authorized representative of a political subdivision of the State to represent certain officers or employees of the State or a political subdivision thereof who are summoned or subpoenaed to appear in an action or proceeding in which the person representation;is not a named defendant if:

and(1) (2) the Attorneyperson General,submits chief legal officer or other authorized representative, as applicable, determines that such representation is in the best - *SB34_R1* – 2 – interest of the State or a politicalwritten subdivisionrequest offor therepresentation; State.

Sectionand 1(2) also authorizes the Attorney General, chief legal officer or other authorized representativeinterest toof employ special counsel with respect to such actions or proceedings if the AttorneyState General, chief legal officer or othera authorizedpolitical representative,subdivision asof applicable, interest for the legalState. service to be provided by the Attorney General, chief legalf officer or other authorized representative.

Section 21 ofalso thisauthorizes billthe makesAttorney aGeneral, conformingchief changelegal officer or other authorized representative to indicateemploy special counsel with respect to such actions or proceedings if the appropriateAttorney placementGeneral, chief legal officer or other authorized representative, as applicable, determines that it is impracticable, uneconomical or could constitute a conflict of sectioninterest 1for inthe legal service to be provided by the NevadaAttorney RevisedGeneral, Statutes.chief legal officer or other authorized representative.

InSection general,2 existingof law:this bill makes a conforming Statutes.

(1)indicate provides that the Attorneyappropriate Generalplacement andof hissection or1 herin deputies are the legalNevada advisersRevised onExisting alllaw statedefines matters arising in the Executiveterm Department“state fromjudicial employingofficer” other counsel to representmean thea Statejustice orof any agency in the ExecutiveSupreme DepartmentCourt, unlesssenior thejustice, Attorneyjudge General and the deputies of thea Attorneydistrict Generalcourt areor disqualifiedsenior tojudge. act in the matter.

(NRS 228.110)41.03385) Section 43.3 of this bill authorizesrevises a person in the Executiveterm Department to employinclude counsela otherjudge than the Attorney General to represent the State or anysenior agencyjudge inof the ExecutiveCourt Department if the Attorney General determines that it is impracticable, deputy of theAppeals. Attorney General to serve as the legal adviser on the matter.

SectionExisting alaw 4 also requires compensationthat forcertain suchdeterminations counselrelating to the employment of special counsel be paidmade outby of:the Attorney General prior to trial.

(1)(NRS 41.03435) Section 3.7 of this bill removes the Reserverequirement forthat Statutorysuch Contingencydeterminations Account;be made prior to trial.

or- (2)82nd availableSession federal(2023) grants– or2 a– permanentIn fundgeneral, inexisting thelaw: State Treasury other than the State General Fund.

(1) provides that the Attorney General and his or her deputies are the legal advisers on all state matters arising in the Executive Department of the State Government;

and (2) prohibits persons in the Executive Department from employing other counsel to represent the State or any agency in Attorney General are disqualified to act in the matter.

(NRS 228.110) Section 4 of this bill authorizes a person in the Executive Department to employ counsel other than the Attorney General to represent the State or any agency in the Executive Department if the Attorney General determines that it is impracticable, uneconomical or could constitute a conflict of interest for the Attorney General or a deputy of the Attorney General to serve as the legal adviser on the matter.

Section Statutory Contingency Account;

or (2) available federal grants or a permanent fundor in the State Treasury other than the State General Fund.

Section 4.3 of this bill requires the Office of the Attorney General to submit a report, on or before July 1 of each odd-numbered year, to the Director of the Legislative Counsel Bureau for distribution to the Joint Interim Standing Committee on the Judiciary that includes, without limitation, a list of each contract Government during the immediately preceding biennium and, for each suchtate contract, the names of the parties to the contract and the monetary amount of the contract.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

The official attorney may represent any present or former local judicial officer, state judicial officer, immune contractor or officer or employee of the State or a political subdivisionsubdivision, immune contractor or State Legislator summoned or subpoenaed to appear in an action or proceeding in which the person is not a named defendant, if:

- 82nd Session (2023) – 3 – 3.

No fact pertaining to the arrangements or circumstances by which the State or a political subdivision or any attorney - *SB34_R1* – 3 – thereof represents any person or does not represent a person pursuant to this section is admissible in evidence in any action or proceeding,as exceptthe inattorney connectionof record.ection with an application to withdraw as4. the attorney of record.

4.

Such notice must include, without limitation, the reason for the requested withdrawal.wit7.rawIf a court grants a motion to withdraw brought by the official attorney pursuant to subsection 6, the State or any political subdivision has no duty to continue to represent the person who is the subject of the motion to withdraw.

7.

If a court grants a motion to withdraw brought by the official attorney pursuant to subsection 6, the State or any political subdivision has no duty to continue to represent the person who is the subject of the motion to withdraw.

The provisions of this section do not abrogate or otherwise alter or affect any immunity from, or protection against, any civil action or civil liability which is provided by law to a local judicial officer, state judicial officer, immune contractor or officer or employee of the State or a political subdivision, immune contractor, State Legislator, member of a state board or commission or member of a local board or commission for any act or omission relating to the person’s public duties or employment.

10.- 82nd Session (2023) – 4 – official attorney to represent any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator in any action or proceeding.