Commission on Indigent Defense Overview
NOTE: The Indigent Defense Commission was closed on March 3, 20201 via ADKT 0411 Order.
In
2007, the Nevada Supreme Court convened the Indigent Defense Commission (IDC)
under the Chairmanship of Justice Michael Cherry to examine and make
recommendations regarding the delivery of indigent defense services in Nevada.
The Commission filed its initial report with the Court in
November of 2007.
On
January 4, 2008, the Court issued its first ADKT 411 Order which contained
performance standards, a requirement to remove judges from the appointment of
counsel process, and also recommended that all rural counties use the State
Public Defender’s Office. Additionally, the Order required all jurisdictions to
file a plan for the appointment of counsel and made real the voluntary request
from Clark and Washoe Counties to conduct weighted caseload studies in order to
determine appropriate public defender caseloads. The Order also established a
definition of ‘indigent’ to be used when appointing counsel.
In response to this initial Order, several groups including the
district attorneys, rural judges, and counties, filed objections with the
Court; a hearing was held in March 2008 and resulted in an Order on March 21,
2008. This Order required that new members be added to the IDC, the performance
standards be reconsidered, and the Rural Subcommittee be reconstituted to
re-examine the issues in Rural Nevada.
During this interim period, the District Attorneys and Defense
Bar worked with the IDC to revise the performance standards, and the Rural
Subcommittee reconvened and developed new, refined recommendations. Clark
and Washoe Counties, together with cities in urban jurisdictions, formulated
and began to implement plans to remove judges from the process of appointment
for conflict counsel, and reformed their contract attorney systems.
In 2014, the Indigent Defense Commission’s Rural
Subcommittee completed its tasks of gathering and analyzing data pertaining to
the number and scope of public defender appointments across the State. Early in
the winter of 2014, the Rural Subcommittee used this data to present its “Rural
Subcommittee Report on the Status of Indigent Defense in the 15 Rural Counties
and Recommendations to Improve Service to Indigent Defendants” to the Nevada
Supreme Court.
On July 23, 2015, history was made when the Nevada Supreme
Court signed ADKT 0411 and adopted and/or endorsed 4 of the Rural
Subcommittee’s recommendations. This banned the use of strictly flat fee
contracts in the delivery of indigent defense services, placed rural death
penalty cases and appeals in the hands of the State Public Defender’s Office,
and encouraged the implementation of an Indigent Defense Board.