Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Indigent Defense topic
No spam. Unsubscribe anytime.
Bill aims to strengthen independence of Department of Indigent Defense Services and change hiring for state public defender
Summary
Sen. Melanie Scheibel said SB 407 would change the hiring and removal framework for the Department of Indigent Defense Services' executive director and the state public defender to enhance independence and comply with the Davis decree.
Sen. Melanie Scheibel (District 9) told the committee that SB 407 was rewritten this session to address governance and independence concerns for the Department of Indigent Defense Services (DIDS) and to conform the department's structure to the Davis decree resolving litigation over indigent defense.
"SB 407 says that that person can only be removed, for good cause by a vote of the board, or the governor can remove that person in particularly egregious cases," Scheibel said, describing protections for the executive director while preserving narrow governor removal authority for criminal conduct or emergencies. She said the bill would also change how the state public defender is hired so that the executive director — rather than a direct gubernatorial appointment — would recruit and hire that employee, and that the state public defender would have similar "for-cause" removal protections.
Peter Handy, executive director of the Department of Indigent Defense Services, told the committee the board currently has 13 seats appointed by various authorities and that the proposed changes are intended to mirror county-level selection processes and to increase the department's independence. "So there are 13 board seats. They're appointed by various authorities," Handy said.
Tara Haseebullah, executive director of ACLU of Nevada, testified in strong support and said the revision is a step toward compliance with the Davis decree and would help recruit scarce candidates for executive and defender roles. "We're in strong support of SB 407," Haseebullah said.
Questions from multiple members focused on licensing for out-of-state candidates, the board's composition and appointment sources, and safeguards to prevent politicized appointments. Scheibel, Handy and others discussed that out-of-state or retired attorneys could be eligible but would be expected to obtain Nevada licensure to perform the job. Committee members also discussed salary and recruitment challenges for these positions.
The committee held the hearing and did not take a vote during this session.
