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State Public Defender office probed after conflict-check failures; LegalServer data errors under review
Summary
The Department launched a confidential investigation after a White Pine County judge raised concerns about the State Public Defender’s office; separate LegalServer assignment errors in Humboldt and White Pine counties prompted immediate workload data reviews and case reassignment checks.
At the May 14 meeting of the Board on Indigent Defense Services, Executive Director Peter Handy told members the Department had opened an investigation after receiving correspondence from Judge Bishop about the appearance and performance of the State Public Defender’s Office in White Pine County.
Handy said preliminary findings pointed to gaps in conflict checks and calendaring practices and identified an incident in which a client conflict went undetected for about two months, a lapse that contributed to a trial not proceeding. The Department said it is treating investigation materials as presumptively confidential but will publish any updated policies and procedures once the review concludes.
Handy also reported data-entry and assignment problems in LegalServer that affected workload reporting: in White Pine County roughly half a dozen cases at times were assigned to staff rather than attorneys, and in Humboldt County the Department identified approximately 80–90 cases assigned to staff in a pending status. The Department plans to verify each case to ensure active matters are captured, run updated workload numbers, and make corrective adjustments as needed.
Senior Deputy Attorney General Todd Weiss cautioned the board to avoid discussing individual employees’ character or competence without proper notice under Nevada’s Open Meeting Law. Several board members urged the Department to consult local judges during the review; Judge Gary Fairman suggested outreach to two district court judges in the 7th Judicial District.
Franny Forsman, speaking in a personal capacity as a former federal public defender, urged the board to set and enforce clear standards for in-person client contact at defined stages of proceedings, saying resource limits are not an acceptable reason to neglect constitutional obligations.
Handy said the Department is close to finalizing a payroll adjustment program to increase on-site attorney presence in rural counties and noted that attorneys are now compensated for travel at federal GSA rates. State Public Defender Andrew Coates said the NSPD is recruiting a full-time attorney and investigator in Winnemucca and pursuing an additional White Pine County attorney position.
Next steps: the Department will complete its investigation, finalize any updated conflict-check and calendaring policies, verify all LegalServer assignments, and report findings and updated procedures to the board and public when appropriate.
