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Board to notify counties and bar noncompliant appointed attorneys from new cases after March 1 CLE deadline
Summary
The State of Nevada Board on Indigent Defense Services voted unanimously to notify counties of contracted attorneys who fail to meet a five-hour criminal-law CLE requirement by March 1 and to withhold assignment of new cases to those attorneys until they comply.
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The State of Nevada Board on Indigent Defense Services voted unanimously on Feb. 6 to notify counties about contracted attorneys who have not met the department's criminal-law continuing legal education requirement and to bar those attorneys from receiving new case assignments until they submit proof of compliance.
Deputy Director Brenda Roberts told the board that current regulations require five hours of CLE in criminal law and that, after four reminder emails between October and January, 102 of 140 active attorneys had submitted transcripts showing compliance. "We are working to ensure this is happening," Roberts said, adding that the department offers the online trainings free of charge.
Board member Chris Giunchigliani moved the enforcement action, saying counties that contract with noncompliant attorneys should be notified and that the department should publish a list of noncompliant attorneys if compliance is not achieved. "Notify the counties with attorney contracts of non-compliance if not met by March 1st, and no assignment of new cases until compliance is met," Giunchigliani said as she introduced the motion. Jeff Wells seconded. The motion passed unanimously.
During discussion, board member Dayvid Figler praised Roberts' outreach work and suggested providing a short grace period followed by public notification to spur compliance. "It was handled very professionally and motivationally; Brenda did a great job getting those emails out," Figler said. Wells asked whether the online courses cost anything; Roberts confirmed they are free.
The board instructed staff to notify counties of attorneys who remain out of compliance after March 1 and to withhold assignment of new indigent-defense cases to those attorneys until evidence of the required CLE is submitted. The motion directs the department to add persistent noncompliance to a publicly shared list and to return to the board with implementation details as needed.
