2 12 09 Las Vegas Municipal Court Indifent Defense Plan 09-31703

7/27/2019 2 12 09 Las Vegas Municipal Court Indifent Defense Plan 09-31703

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JudiciaryJudge Bert Brown.ChiefJiufgeDepartment 4Judge C ynthia S LeungDepartment 1

F E e Z 9

Jud ge ECizabeth B. KoCkoskiDepartment 2J u d g e Ge o rg e AssadDepartment 3

pufge Cedric A KernsDepartment 5Judge Martin D HastingsDepartment 6Court Adm inistrationJames P. C_artnanyCourt Administrator

119 O11101 008 02

Las Vtgas Municipal Acourtt the Regional Justice CenterP.O. Box 3960 Las Vegas Nevada 89127-396 0 Main 702-229-65 09 Fax 702-385-5510 TTY 702-384-32

April 24 2008

F I L EChief Justice Mark GibbonsNevada Supreme Court2 1 South Carson StCarson City, NV 89701-4702

Dear Chief Justice Gibbons:Pu rsua nt to ADK T 411, In the Matter of the Review of IssuesConcern ing Representation of Indigent Defendan ts in Criminal andJuvenile Delinquency Cases , the following Adm inistrat ive Plan issubm itted by the Las Vegas Munic ipal Cour t for the rev iew andapproval by the Nevada Supreme Cour t.It is the intent of the Las Vegas Municipal Court to implement theattached plan within six months of receiving the Court s a pproval.Should the justices have any questions regarding this AdministrativePlan, both myself and/or our Court Adm inistrator, Jam es Carma ny,would be pleased to a dd ress them with the court. We c an be contactedat 702-229-4673.Sincerely

Bert BrownChief Judge

In MemoriumThe H onorable Seymore H. BrownSeptember Z 1929 -June 16 2000

jcdocs/ad min/minutes/Indigent/Supreme Cou rt Cover Ltr 4-08EnclosuresCc: Municipal Court Jud gesJames CarmanyMunicipal Cour t Indigent Defense Admin Plan Comm itteeMission StatementTo provide efficient and ethical proceedings through quality service alternative sentencing and innovative use o f technology.


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Las Vegas M unicipal CourtIn response to the Suprem e Court Order dated January 4 , 2008 t i tled, IN THE M AT TER O F THER E V I E W O F I S SU E S C O N C E R N I N G R E P R E S E N T A T IO N O F I N D I G E N T D E F E N D A N T S I NC R I M I N A L A N D J U V E N I L E D E L I N Q U E N C Y C A S E SThe Las V egas Municipal Court (LVM C) hereby subm its the following Adm inistrative Plan for theselection of attorneys to represent Indigent Misdemeanor Defendants and the process for thedetermination of a D efendant's Indigence:

Indigent Defense dm inistrative PlanThe C ity of Las Vegas F inance & Bu siness Services Purchasing & C ontracts Division(Purchasing) in conjunction with City of Las Vegas Hum an Resources (HR ) Department wil lissue a Requ est for Proposal (RF P) for the representation of indigent defend ants for all ma ttersbefore the Las Vegas Municipal Court (LCM C).a) Public Attorney Contracts will be offered for each LV M C dep artment with no limitation onthe number of contracts an individual applicant may apply for or be awarded.

(1) Contract will be awarded at a fixed annual price as determined by the City of Las V egasCity Council.

2. Independent Selection Co mm ittee wil l determ ine who is awarded the individual Public Attorneycontracts . Selection Co mm ittee wil l be comprised of 5 m emb ers who w ill m ake the f inaldetermination relative to the awarding of any Municipal Court Indigent Representationcontracts , including mid-cycle replacements should a vacancy occur.a) Com mittee will include representatives from: The Federal Public Defender office, CountyPublic Defender office, Nevada State Bar, Criminal Justice Association (attorney group) andthe City of Las V egas City M anager's office.b Cou rt/judicial input relative to potential conflicts of interest, may be pro vided prior to theselection com mittee's review, howev er, no judicial pre-empt an d/or veto of any selection is

permitted.c) Com mittee to be constituted by July 1, 200 8, with first order of business to establish theirrules .

3. City of Las Vegas Pu rchasing & H R to have respon sibility for all Adm inistrative functionsincluding:a) Establishing the Scope of W ork and Issuing the R equest for Proposals.b Conducting initial review/interview of all applicant firms to ensure they meet all basiccriteria (as established by the Su preme C ourt Order and LV MC ) before submitting allqualified applicants to the independ ent Selection Com mittee .

Page 1 of 5LVM C Adm inistrative PlanDated 4/23/08


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c) W riting and Issuing Public Attorney contract(s) and ensuring that all ma ndated licenses,proof of insu rance, etc., are obtained.d Ensuring that all individual indigent defense attorneys employed by the firm(s) awarded aPublic Attorney contract meet all LV MC and Suprem e Co urt Order eligibility criteria bothat contract issuance and thro ugho ut term of contract.e) Con ducting periodic audits to ensure contract com pliance.f Payment.

4. M inimum Qualifications for Attorneys/Firms awarded a contract:a) 1M Liability/Malpractice Insurance.b Expe rience- Three (3) years or more of criminal experience required for all attorneyssupporting the con tract.c) Ad ministrative plan to be submitted as part of application process detailing how the P ublicAttorney w ill provide appropriate service levels to the departmen t(s) they are award ed,including ho w they w ill fill attorney staff vacancies (v acation, illness, etc.).d List of all attorneys who will practice in the courtroom subm itted and approved by theselection comm ittee as part of application process.e) Changes to approved attorney list supporting the contract must be approved by the SelectionCommittee prior to practicing in the courtroom.

(1) Emergency attorney substitution- name m ust be subm itted w ithin a reasonable periodof time.

5. Scope of W ork to be included in the Request for Proposal will:a) Be developed by a com mittee appointed by the Las Vegas M unicipal Court and the LasVegas C ity Man ager's Office.b Include full professional defense for all defendan ts entitled to indigent representationc) Include Traffic Court indigent representation as appropriated Include Appealse) Assure compliance with all Suprem e Court O rders and Performance S tandards relative tothe representation of indigent defendants

Page 2 of 5LVM C Adm inistrative PlanDated 4/23/08


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Las Vegas Municipal Court Plan for the Determination of Indigence1. Defendan t not in custody:

a) The defendant appears in the courtroom, is facing jail time and states that they cannot affordlegal counsel for their defense.b The defendant com pletes the Declaration, and the Public A ttorney determines from theDeclaration that the defendant qualifies under the Presum ptive Threshold S tandard, acceptsthe case and represents the defendant.c) If the Public A ttorney requests a m ore rigorous screening, the completed Declaration isforwarded w ithin 2 business days by the Pub lic Attorney to the Las V egas Mun icipal CourtJudicial Enforcement Unit (JEU ) for processing.d If the defendant disputes a finding of non-qualification for indigent status and courtappointed counsel, or the Declaration has discretionary aspects that cannot be resolved by amore rigorous review.e) The case m ay be continued for a h earing or other action as determined by the court.

2. Defendant in custody:a) Defendants are presum ed to be indigent if they are in custody.

*Determination of Indigence Exhibits A B attached:

Page 3 of 5LVMC Administrative PlanDated 4/23/08


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YOUR NAME: Social Security Number

Case/History No. xhibitL S VEG S MUNICIP L COURT**********

DEC LAR ATION AND APPLIC ATION FOR C OU R T-APPOINTED C OUNSEL

YOUR A DDRESS: Do you live in Public Housing?W here you live? re you serving a sentence?City/State/Zip Cod e

H O M E P H O N E ( ELL PHONE (W O R K P HO N E (PERSON L INFORM TIONNum ber of children or o thers you are legally responsible for:W here do you work?How m uch d o you m ake mo nthly before taxes and anything else is taken out of your pay ch eck:Other m onthly Income (W ife/Husband, Partner, Co - habitant, other):How m uch are al l of your bi l ls each m onth (rent, mortgage, uti l it ies, credit cards, loans, car pa ym ent)

I and/or m y fam ily am cu rrently receiving the fol lowing:A F D C Unemployment Worker's CompFood Stamps S SI edicaidOther P ublic Assistance Type

am saying that I cannot afford to hire anattorney. If a crime is charged against me and the C ity Attorney is seeking for me to serve t ime in jai l and I cannotafford to hire an at torney, the co urt may app oint an at torney only under certain circumstances.I have given the above informat ion to see i f an attorney can be app ointed by the co ur t to represent me in cour t .I unders tand that th is informat ion may be used to see i f I can pay for an at torney to represent me in cour t . I amgiving m y perm ission to contact any credit bureau , review m y credit report from any credit bureau, investigativeagency or any other source. I authorize the Las Vegas Municipal Court to verify any statements made andinforma t ion provided and ob tain any other informat ion needed . I declare under penalty of perjurythat the informat ion that ha s been given is true and correct . I unde rs tand tha t I might ha ve to pay back al l or apart of the at torney fees if i t is found that I can p ay.

DateSIGN YOUR NAMEPage 4 of 5LVMC dministrative PlanDated 4/23/08


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2008 HHS Poverty Guidelines Exhibit BPersonsin Family or Household Poverty Guidelines Poverty Guidelines at 200

10,400 20,80014,000 28,000

For each additionalperson, add

17,60021,20024,80028,40032,00035,600

35,20042,40049,60056,80064,00071,2007,200

SOURCE: Federal Register Vol. 73, No. 15, January 23, 2008, pp. 3971-3972A defendant is considered indigent if all gross income is less than the Poverty Guidelines above.

Page 5 of 5LVMC dministrative PlanDated 4 23 08

2 12 09 Las Vegas Municipal Court Indifent Defense Plan 09-31703

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