Sets appointment and removal rules for indigent defense leaders

The Executive Director appoints the State Public Defender for a four-year term, and may reappoint that person. The State Public Defender leads the state public defender office within the Department of Indigent Defense Services and answers to the Executive Director. The State Public Defender must be a member of the State Bar of Nevada in good standing or otherwise allowed to practice law under Supreme Court rules. The State Public Defender serves at the pleasure of the Executive Director and generally may not practice private law. Only the Executive Director or the designated deputy director may supervise the State Public Defender or assign additional duties. These rules take effect July 1, 2025.

The Governor appoints the Executive Director from three people recommended by the Board, and the Board controls the director's service and removal for good cause. The Executive Director leads the Department of Indigent Defense Services and serves a four-year term while awaiting a qualified successor. The Executive Director must be a Nevada Bar member in good standing or otherwise allowed to practice law under Supreme Court rules. The Governor may remove the Executive Director in extraordinary circumstances for criminal conduct or malfeasance or nonfeasance in office. A lawful action within the Executive Director's statutory authority does not count as malfeasance or nonfeasance for this removal rule. The Executive Director must work full time in the position and may not hold other paid employment. These rules take effect July 1, 2025, and apply during the Executive Director's four-year term.

Current officeholders may continue under transition rules when the new provisions take effect. The rule covers the State Public Defender serving on July 1, 2025, and the Executive Director appointed under the law in effect on June 30, 2025. The serving State Public Defender may finish the remainder of the term for which that person was appointed. The serving Executive Director is treated as appointed to a four-year term. The State Public Defender's continuation applies on July 1, 2025; the Executive Director's four-year term is stated to begin on July 1, 2026.