Panel backs proposal to centralize post‑conviction counsel, create alternate public defender to serve rural Nevada

CARSON CITY — The Senate Judiciary Committee heard Senate Bill 407 on April 2, a bill that would create two state offices to expand and centralize indigent defense services: an alternate state public defender to serve conflicts (with emphasis on rural counties) and an office of post‑conviction counsel to handle appeals and collateral remedies statewide.

Sen. Melanie Scheibel introduced the bill and said the proposal grew from the joint interim standing committee on the judiciary and work to implement the Davis consent judgment, which required Nevada to eliminate economic disincentives for indigent defense providers, adopt minimum standards and collect uniform data. “This bill will help the state meet its obligation to provide competent counsel for indigent Nevadans who live in rural counties,” she told the committee.

Soraya Bonner, the senator’s intern, summarized the bill’s major provisions: creation of the alternate state public defender within the Department of Indigent Defense Services to represent indigent clients when county or state public defenders are disqualified or unable to provide representation; creation of a post‑conviction counsel office to prosecute appeals and other remedies; statutory changes to allow deputy state public defenders to engage in limited private practice to improve recruitment in rural jurisdictions; and expanded duties for the board and department to oversee post‑conviction services.

Peter Handy, executive director of the Department of Indigent Defense Services (DIDS), said the state currently expects to spend about $2.2 million in the fiscal year on post‑conviction counsel expenses and that the bill’s structure could produce savings over time by shifting work from hourly appointed counsel to state employees paid at fixed rates. Handy said the bulk of post‑conviction costs come from Clark County but that rural areas also lack sufficient counsel.

Supporters, including the Administrative Office of the Courts, described Nevada’s rural “legal deserts” — jurisdictions with very few attorneys per capita — and told the committee a centralized office could improve access and consistency. Senator questions focused on workload estimates, how many positions would be required, and whether allowing state public defenders some private practice would create conflicts; sponsors said conflicts would be handled contractually and by departmental rules.

No opposition testimony was recorded in the hearing transcript. Committee members and witnesses indicated the bill would carry a fiscal note and be referred to the finance committee for appropriations if advanced.