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Case Name In the Matter of the Review of Issues Concerning Representation of Indigent Defendants in Criminal and Juvenile Delinquency Cases PD-NV-0001
Docket / Court ADKT No. 411 ( State Court )
State/Territory Nevada
Case Type(s) Indigent Defense
Case Summary
In 2007, the Supreme Court of Nevada became concerned that the provision of indigent defense in the state was deficient and required reform. On April 26, 2007, the Supreme Court of Nevada ordered that an Indigent Defense Commission be created for the purpose of studying issues relating to ... read more >
In 2007, the Supreme Court of Nevada became concerned that the provision of indigent defense in the state was deficient and required reform. On April 26, 2007, the Supreme Court of Nevada ordered that an Indigent Defense Commission be created for the purpose of studying issues relating to selection, appointment, compensation, qualifications, performance standards, and caseloads of counsel assigned to represent indigent defendants in criminal and juvenile delinquency cases throughout Nevada. The Nevada Supreme Court designated the Honorable Michael A. Cherry, Associate Judge, as chair of the Commission.

Between May and October 2007, the Commission conducted a statewide survey of indigent defense services. On November 20, 2007, the Commission filed its final report with the Supreme Court of Nevada, making numerous recommendations to promote the independence of the public defender system from the judiciary, establish performance and caseload standards, and ensure consistency of indigent defense in rural counties.

On December 14 and December 20, 2007, the Supreme Court of Nevada conducted public hearings to consider the Commission's report and to hear public comment on the issues concerning indigent defense.

In an order issued on January 4, 2008, the Supreme Court of Nevada adopted into law the performance standards recommended by the Commission. The Court also established a uniform definition of indigency, required that each judicial district submit for Court approval an administrative plan to promote the independence of the public defender system from the judiciary, created a permanent statewide commission charged with oversight of indigent defense, required all counties to collect uniform data for submission to the commission, and set a September 2008 hearing where the Court would consider the establishment of appropriate caseload standards for Clark and Washoe Counties.

We have no further information on this case.

Vidhya Reddy - 02/03/2008


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
General
Conflict of interest
Funding
Quality of representation
Causes of Action State law
Defendant(s) indigent defense services in Nevada
Plaintiff Description No plaintiff; order entered by court as overseer of indigent defense system.
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief Court Order Implementing Recommendations of Indigent Defense Commission
Source of Relief Litigation
Case Ongoing No
Additional Resources
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  Securing Reasonable Caseloads: Ethics and Law in Public Defense
Date: 2011
By: Norman Lefstein (Indiana University--Indianapolis)
Citation: (ABA 2011)
[ Detail ] [ External Link ]

  Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel.
Date: Apr. 14, 2009
By: National Right to Counsel Committee (The Constitution Project)
Citation: National Right to Counsel Committee, Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel (2009)
[ Detail ] [ PDF ] [ External Link ]

  The Third Generation of Indigent Defense Litigation
New York University Review of Law and Social Change
Date: 2009
By: Cara Drinan (Columbus School of Law, Catholic University)
Citation: 33 N.Y.U. Rev. L. & Soc. Change 427 (2009)
[ Detail ] [ External Link ]

  Indigent Defense Reform: The Role of Systemic Litigation in Operationalizing the Gideon Right to Counsel
Date: May 7, 2007
By: Vidhya K. Reddy (Washington University in St. Louis)
[ Detail ] [ PDF ]

  Remick v. Utah (2016)
By: ACLU of Utah
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Final Report and Recommendations of Supreme Court Indigent Defense Commission
PD-NV-0001-0001.pdf | Detail
Date: 11/20/2007
Nevada Supreme Court Order Adopting Recommendations of Indigent Defense Commission [Recommended Performance Standards Attached as Exhibit A]
PD-NV-0001-0002.pdf | Detail
Date: 01/04/2008
Judges Cherry, Michael A. (State Supreme Court)
PD-NV-0001-0001 | PD-NV-0001-0002
Douglas, Michael (State Supreme Court)
PD-NV-0001-0002
Gibbons, Mark (State Supreme Court)
PD-NV-0001-0002
Hardesty, James W. (State Supreme Court)
PD-NV-0001-0002
Maupin, A. William (State Supreme Court)
PD-NV-0001-0002
Parraguirre, Ron D. (State Supreme Court)
PD-NV-0001-0002
Saitta, Nancy M. (State Supreme Court)
PD-NV-0001-0002

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