1. In counties whose population is 100,000 or more, the boards of county commissioners shall provide by ordinance for the office of public defender.
2. Except as otherwise provided by subsection 4 and except if the county voluntarily transfers or has been required to transfer responsibility for the provision of indigent defense services to the State Public Defender pursuant to NRS 180.450, in counties whose population is less than 100,000, boards of county commissioners may in their respective counties provide by ordinance, at the beginning of a fiscal year, for the office of public defender.
3. Except as otherwise provided in subsection 4, if a board of county commissioners intends to provide by ordinance for the office of county public defender, the board shall notify the State Public Defender in writing on or before March 1 of any odd-numbered year and the office may not be created before July 1 of the same year in which the notice was given.
4. If the county contribution approved by the Legislature exceeds the estimate provided to the county on December 1 by more than 10 percent for either year of the biennium, the board of county commissioners may provide for the office of county public defender on July 1 of the next even-numbered year if the board notifies the State Public Defender on or before March 1 of the same year in which the office is to be created.
5. The office of public defender when created must be filled by appointment by the board of county commissioners.
6. The public defender serves at the pleasure of the board of county commissioners.
7. Each board of county commissioners shall cooperate with the Board on Indigent Defense Services created by NRS 180.300 and the Department of Indigent Defense Services created by NRS 180.400. The board of county commissioners shall:
(a) Ensure that data and information requested by the Board or Department is collected and maintained; and
(b) Provide such information and reports concerning the provision of indigent defense services as requested by the Board or the Department.
8. As used in this section, “indigent defense services” has the meaning ascribed to it in NRS 180.004.
(Added to NRS by 1965, 597; A 1969, 1475, 1545; 1979, 525; 1989, 1646; 1991, 994; 1995, 499; 2019, 2890)
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